food, medicine and healthcare administration and control … · 2019-03-07 · part 1: bidding...

The Federal Democratic Republic of Ethiopia

SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Bidding Document Page i

Standared Biding Document (SBD)For the procurement of Goods and Related Service

International Competitiv Bid (ICB)

Subject of Procurement Procurement of differentLaboratory Goods and RelatedServices

Procurement Reference Number EFMHACA/FSD/ICB/002/2018/2011

Project Name Procurement of DifferentLaboratory goods and RelatedServices

Date of Issue of Bidding Document Nov. 2018

Addis Ababa, Ethiopia

Food, Medicine and HealthcareAdministration and Control Authority of

Ethiopia

The Federal Democratic Republic of Ethiopia

SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Bidding Document Page ii

Bidding Document

Table of Contents

Part 1 Bidding Procedures ISection 1. Instructions to Bidders ISection 2. Bid Data Sheet IISection 3. Evaluation Methodology and Criteria IIISection 4. Bidding Forms VIISection 5. Eligible Countries V

Part 2 Statement of Requirement VISection 6. Statement of Requirements VI

Part 3 Contract VIISection 7. General Conditions of Contract VIISection 8. Special Conditions of Contract VIIISection 9. Contract Forms IX

Part 1: Bidding Procedures Section 1: Instructions to Bidders

SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Instructions to Bidders Section I of IX Issued by:

Part 1 Bidding ProceduresSection 1. Instructions to Bidders

Table of Clauses

A. General 11. Introduction 12. Source of Funds 23. Fraud, Corruption and Complaints Provisions 24. Eligible Bidders 35. Eligible Goods and Related Services 4

B. Contents of Bidding Document 56. Bidding Document 57. Written Questions / Clarification of Bidding Documents 68. Modification to Bidding Documents 69. Pre-Bid Conference 7

C. Preparation of Bids 710. Cost of Bidding 711. Language of Bid 712. Bid Prices and Discounts 713. Currencies of Bid and Payment 914. Professional Qualifications and Capability of the Bidder 915. Financial Standing of the Bidder 916. Technical Qualifications, Competence, and Experience of the Bidder 917. Documentary Technical Evidence 1018. Presentation of Samples 1019. Joint Venture or Consortium 1120. Alternative Bids 1121. Period of Validity of Bids 1122. Bid Security 1223. Documents Comprising the Bid 1324. Format and Signing of Bid 14

D. Submission and Opening of Bids 1425. Sealing and Marking of Bids 1426. Deadline for Submission of Bids 1527. Late Bids 1528. Withdrawal, Substitution, and Modification of Bids 1529. Bid Opening 15


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Instructions to Bidders Section I of IX Issued by:

E. Evaluation and Comparison of Bids 1630. Confidentiality 1631. Clarification of Bids 1632. Responsiveness of Bids 1733. Nonconformities and Omissions 1734. Dubious price quotations and errors in calculation 1835. Margin of Preference 1836. Preliminary Examination of Bids 1837. Legal, Professional, Technical, and Financial Admissibility of Bids 1938. Evaluation of Bids 2139. Comparison of Bids 2140. Post-qualification Evaluation 2141. Acceptance or Rejection of Bids 2242. Re-advertising bids 22

F. Award of Contract 2243. Award Criteria 2244. Right to Vary Quantities at Time of Award 2245. Announcing and Awarding of the Successful Bidder 2346. Signing of Contract 2347. Performance Security 23


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Instructions to Bidders Page 1 of 23 Issued by: PPPDS

Section I. Instructions to BiddersA. General

1. Introduction1.1 The Public Body indicated in the Bid Data Sheet (BDS) is the Contracting Authority for this

procurement process and it is bound by the rules governing public procurement in the FederalDemocratic Republic of Ethiopia. It has the powers and duties to conclude a Contract for thesupply of Goods and Related services. Accordingly, this procurement process is beingconducted in accordance with the recent editions of the Ethiopian Federal GovernmentProcurement and Property Administration Proclamation and Public Procurement Directiveunder the procurement method indicated in the BDS.

1.2 By the issue of this Bidding Document the Public Body invites interested Candidates to submittheir bids with a view to entering into Contract with the Public Body for the provision of Goodsand Related Services which general description is provided in the BDS. The Goods and RelatedServices that are subject of this procurement process are more particularly specified in Section6, Statement of Requirement upon the basis of the information supplied in and in accordancewith this Bidding Document.

1.3 The procurement reference number and number of lots of this Bidding Document are providedin the BDS. If Bids are being invited for individual contracts (lots) the Bidder may submit a Bidfor one lot only, several or all of the lots. Each lot will form a separate contract and thequantities indicated for different lots will be indivisible. The Bidder must offer the whole of thequantity or quantities indicated for each lot.

1.4 Each Bidder may only submit one Bid, either individually or as a partner in joint venture. ABidder who submits or participates in more than one Bid (other than as a subcontractor or incases of alternatives that have been permitted or requested) will cause all the Bids with theBidder’s participation to be disqualified.

1.5 This Section 1, Instructions to Bidders shall not form a part of the Contract. These instructionsare intended to assist prospective Bidders in the preparation of their Bids.

1.6 Issuance of this Bidding Document does not in any way obligate the Public Body to award aContract.

1.7 The Public Body retains ownership of all bids submitted in response to this Bidding Document.Consequently, Bidders have no right to have their bids returned to them except late bids.

1.8 In submitting a bid, the Bidder accepts in full and without restriction this Bidding Document asthe sole basis of this procurement procedure, whatever his own conditions of sale may be,which he hereby waives. Bidders are expected to examine carefully and comply with allinstructions, forms, contract provisions and specifications contained in this Bidding Document.Failure to submit a bid containing all the required information and documentation within thedeadline specified may lead to the rejection of the bid. No account can be taken of anyreservation in the bid as regards the Bidding Document; any reservation will result in theimmediate rejection of the bid without further evaluation.

1.9 The permitted method of communication shall be in writing. Throughout these BiddingDocuments the term "in writing" means communicated in written form and delivered againstreceipt.



2. Source of Funds2.1 The Public Body has an approved budget toward the cost of the procurement described in the

Section 6, Statement of Requirement. The Public Body intends to use these funds to place aContract for which these Bidding Documents are issued.

2.2 Payments will be made directly by the Public Body and will be subject in all respects to theterms and conditions of the resulting Contract placed by the Public Body.

3. Fraud, Corruption and Complaints Provisions3.1 The Government of the Federal Democratic Republic of Ethiopia (herein after called the

Government) represented by the Public Procurement and Property Administration Agency(herein after called the Agency) requires Contracting Authorities, as well as bidders to observethe highest standards of ethics during the procurement and the execution of contracts. Inpursuance of this policy, the Government:

(a). Defines, for the purposes of this provision, the terms set forth below as follows:(i) “Corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly,

of any thing of value to influence improperly the action of a public official in theprocurement process or in contract execution;

(ii) “Fraudulent practice” is any act or omission, including misrepresentation, thatknowingly or recklessly misleads, or attempts to mislead, a party to obtain financial orother benefit or to avoid an obligation;

(iii) “Collusive practices” is a scheme or arrangement between two or more Bidders, withor without the knowledge of the Public Body, designed to establish prices at artificial,non-competitive levels; and

(iv) “Coercive practices” is harming or threatening to harm, directly or indirectly, personsor their property to influence their participation in a procurement process, or affect theexecution of a contract.

(v) Obstructive practice is deliberately destroying, falsifying, altering or concealing of evidence material to

the investigation or making false statements to investigators in order to materiallyimpede the Federal Ethics and Anticorruption Commission, the Federal AuditorGeneral and the Public Body or their auditors investigation into allegations of acorrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing orintimidating any party to prevent their from disclosing their knowledge of mattersrelevant to the investigation or from pursuing the investigation, or

acts intended to materially impede the exercise of inspection and audit rightsprovided for under ITB Clause 3.5 below.

(b). Will reject a recommendation for award if it determines that the Bidder recommended foraward has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coerciveor obstructive practices in competing for the contract in question;

(c). Will debar a Bidder from participation in public procurement for a specified period of timeif it at any time determines the Bidder has engaged in corrupt, fraudulent, collusive,coercive or obstructive practices in competing for, or in executing, a contract. The List ofDebarred Bidders is available on the Agency's Website http//www.ppa.gov.et.

3.2 In pursuit of the policy defined in Sub-Clause 3.1, the Public Body may terminate a contract forGoods if it at any time determines that corrupt or fraudulent practices were engaged in by



representatives of the Public Body or of a Bidder during the procurement or the execution ofthat contract.

3.3 Where it is proved that the bidder has given or has offered to give inducement or bribe to anofficial or procurement staff of the Public Body to influence the result of the bid in his favorshall be disqualified from the bid, prohibited from participating in any future publicprocurement and the bid security deposited by them shall be forfeited.

3.4 Bidders are required to indicate their acceptance of the provisions on fraud and corruption, asdefined in this clause through the statement in the Bid Submission Sheet.

3.5 The Agency will have the right to require to inspect the Supplier accounts and records relatingto the performance of the contract and to have them audited by auditors appointed by theAgency.

3.6 Subject to the recent editions of the Public Procurement Proclamation and ProcurementDirective, a candidate or a bidder aggrieved or is likely to be aggrieved on account of the PublicBody inviting a bid not complying with the provisions of the Proclamation or ProcurementDirective in conducting a bid proceeding may present complaint to the head of the Public Bodyto have the bid proceeding reviewed or investigated. Any complaint must be submitted inwriting to the head of the Public Body, within five working days from the date the Bidder knew,or should have known, of the circumstances giving rise to the complaint. If the head of thePublic Body does not issue a decision within ten working days after submission of complaint, orthe candidate or the Bidder is not satisfied with the decision, it may submit a complaint to theBoard within five working days from the date on which the decision has been or should havebeen communicated to the candidate or the Bidder by the Public Body. The Board's decision isbinding for both parties.

4. Eligible Bidders4.1 A Bidder may be a natural person, private, public or government-owned legal entity, subject to

ITB Sub-Clause 4.5, or any combination of them with a formal intent to enter into an agreementor under an existing agreement in the form of a Joint Venture (JV), consortium, or association.In the case of a Joint Venture, consortium, or association:

(a). All parties to the Joint Venture, consortium or association shall be jointly and severallyliable, unless otherwise specified in the BDS; and

(b). A Joint Venture, consortium or association shall nominate a Representative who shall havethe authority to conduct all businesses for and on behalf of any and all the parties of theJoint Venture, consortium or association during the bidding process and, in the event theJoint Venture, consortium or association is awarded the Contract, during contractexecution.

4.2 This Invitation for Bids is open to all Bidders (including all members of a joint venture, sub-contractors and personnel) from eligible source countries as defined in Section 5, EligibleCountries. A Bidder shall be deemed to have the nationality of a country if the Bidder is acitizen or is constituted, incorporated, or registered and operates in conformity with theprovisions of the laws of that country. This criterion shall also apply to the determination of thenationality of proposed subcontractors for any part of the Contract including related services.

4.3 A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest



shall be disqualified. A Bidder may be considered to have a conflict of interest with one or moreparties in this bidding process, if they:

(a). Are or have been associated in the past, directly or indirectly, with a firm or any of itsaffiliates which have been engaged by the Public Body to provide consulting services forthe preparation of the Specification, and any other documents to be used for theprocurement of the Goods and Related Services to be purchased under this BiddingDocument;

(b). Have a relationship with each other, directly or through common third parties, that putsthem in a position to have access to information about or influence on the bid of anotherBidder, or influence the decisions of the Public Body regarding this bidding process; or

(c). Submit more than one bid in this bidding process.

4.4 A Bidder that has been debarred from participating in public procurement in accordance withITB Clause 3.1 (c), at the date of the deadline for bid submission or thereafter, shall bedisqualified.

4.5 Government-owned enterprises shall be eligible if they can establish that they are legally andfinancially autonomous and operate under commercial law and that they are not a dependentagency of the Public Body.

4.6 Unless otherwise specified in the BDS, Bidders shall provide such evidence of their eligibilitysatisfactory to the Public Body, to verify that the Bidder:

(a). Is not insolvent, in receivership, bankrupt or being wound up, not have had their businessactivities suspended and not be the subject of legal proceedings for any of the foregoing.

(b). Appropriate documentary evidence demonstrating its compliance, which shall include:(i) Valid business license indicating the stream of business in which the Bidder is

engaged,(ii) VAT registration certificate issued by the tax authority (only domestic Bidders in case

of contract value as specified in BDS),(iii) Valid Tax clearance certificate issued by the tax authority (domestic Bidders only);(iv) Relevant professional practice certificates if required in BDS.

(c). Foreign bidders must as appropriate submit business organization registration certificate ortrade license issued by the country of establishment.

4.7 To participate in this public procurement process, being registered in the suppliers list is aprerequisite (mandatory for domestic Bidders only).

(a). Candidates desiring to participate in public procurement shall have to register themselvesusing the form made available for this purpose in the website of the Public Procurementand Property Administration Agency.

4.8 Bidders shall provide such evidence of their continued eligibility satisfactory to the PublicBody, as the Public Body shall reasonably request in BDS.

5. Eligible Goods and Related Services5.1 All goods and related services to be supplied under the Contract shall have as their country of

origin an eligible country in accordance with Section 5, Eligible Countries.



5.2 For purposes of this Clause, the term “goods” means raw material, products and equipment andcommodities in solid, liquid or gaseous form, marketable software and live animals as well asinstallation, transport, maintenance or similar obligations related to supply of the goods if theirvalue does not exceed that of the goods themselves; and “related services” includes servicessuch as transportation, commissioning, insurance, installation, training, and initial maintenance.

5.3 The term “country of origin” means the country where the goods have been mined, grown,cultivated, produced, manufactured, or processed; or through manufacture, processing, orassembly, another commercially recognized article results that differs substantially in its basiccharacteristics from its imported components.

5.4 The nationality of the Bidder that produces, assembles, distributes, or sells the goods shall notdetermine their origin.

5.5 To establish the eligibility of the Goods and Related Services, in accordance with this ITBClause, Bidders shall complete the country of origin declarations in the Price Schedule Form,included in Section 4, Bidding Forms

5.6 If so required in the BDS, the Bidder shall demonstrate that it has been duly authorized by theManufacturer of the Goods to supply the Goods indicated in its bid in the Federal DemocraticRepublic of Ethiopia by obtaining Manufacturer Authorization Letter using the form furnishedin Section 4, Bidding Forms.

B. Contents of Bidding Document6. Bidding Document6.1 The Bidding Document consist of Parts 1, 2, and 3, which include all the Sections indicated

below, and should be read in conjunction with any Addenda issued in accordance with ITBClause 8.

Part 1 Bidding Procedures

Section 1 Instructions to Bidders (ITB) Section 2 Bid Data Sheet (BDS) Section 3 Evaluation Methodology and Criteria Section 4 Bidding Forms Section 5 Eligible Countries

Part 2 Statement of Requirements

Section 6 Statement of Requirements

Part 3 Contract

Section 7 General Conditions of Contract (GCC) Section 8 Special Conditions of Contract (SCC) Section 9 Contract Forms

6.2 The Invitation to Bid is not part of the Bidding Document. In case of discrepancies between theInvitation to Bid and the Bidding Documents listed in ITB Clause 6.1 above, said BiddingDocuments will take precedence.

6.3 The Public Body is not responsible for the incompleteness of the Bidding Documents and their



addenda, if they were not obtained directly from the Public

6.4 Body. Bidders who did not obtain the Bidding Document directly from the Public Body will berejected during evaluation. Where a Bidding Document is obtained from the Public Body on aBidder’s behalf, the Bidder’s name must be registered with the Public Body at the time of saleand issue.

6.5 The Bidder is expected to examine all instructions, forms, terms, and specifications in theBidding Documents. Failure to furnish all information or documentation required by theBidding Documents may result in the rejection of the bid.

7. Written Questions / Clarification of Bidding Documents7.1 A prospective Bidder requiring any clarification of the Bidding Documents shall contact the

Public Body in writing at the Public Body’s address indicated in the BDS. The Public Body willrespond in writing to any request for clarification, provided that such request is received no laterthan twenty one (21) days prior to the deadline for submission of bids. The Public Body shallforward copies of its response to all Bidders who have acquired the Bidding Documents directlyfrom it, including a description of the inquiry but without reference to the identity of theprospective Bidder initiating the request. Should the Public Body deem it necessary to amendthe Bidding Documents as a result of a clarification, it shall do so following the procedure underITB Clause 8 and Sub-Clause 26.2.

7.2 Only the written responses will be considered official and carry weight in this procurementprocess and subsequent evaluation. Any answers received outside the official channels, whetherreceived verbally or in writing, from employees or representatives of the Public Body, or anyother party, shall not be considered official responses to questions regarding this BiddingDocument.

8. Modification to Bidding Documents8.1 Where Public Body finds it necessary to introduce modification to the Bidding Document on its

initiative or on the basis of request for clarification by prospective Bidder, the Public Body maymodify the Bidding Document at any time prior to the deadline for submission of bids.

8.2 Any alteration to the content of the Bidding Document shall at the same time be communicatedin the form of an amendment to all prospective Bidders who purchased the bidding documentand will be binding on them. Bidders are required to immediately acknowledge receipt of any suchamendment, and it will be assumed that the information contained in the amendment will havebeen taken into account by the Bidder in its Bid.

8.3 The Public Body may, at its discretion, extend the closing date for submission of bids where itmodifies a bidding document as per Clause 8.1 above, if it is assumed that the time remainingbefore the closing date is not sufficient for bidders to prepare adjusted Bid Documents on thebasis of such modification.



9. Pre-Bid Conference9.1 If the Public Body deems it to be appropriate, it may hold a Pre-Bid Conference for prospective

bidders who purchased a Bidding Document for clarification and discussion on the BiddingDocument or modification thereto.

9.2 The Public Body shall give written notice to all bidders who purchased a bidding document toattend the Pre-Bid Conference, Notice will include time, date, and address where Pre-BidConference will be held.

9.3 The Public Body shall welcome all prospective bidders to attend this Pre-Bid Conference. Togive all prospective bidders the opportunity to participate in the pre-bid conference, prospectivebidders are limited to sending two representatives to this conference. All the costs of attendingthis conference will be borne by the prospective bidders.

9.4 The Public Body invites all prospective bidders to submit their questions / request forclarification by time and date and to the address indicated in BDS.

9.5 The Pre-Bid Conference shall be minuted. Copies of the minute shall be delivered to allprospective bidders who purchased the Bidding Document to enable them prepare their biddocuments by incorporating the content of clarification or modification.

C. Preparation of Bids10. Cost of Bidding10.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid, and

the Public Body shall not be responsible or liable for those costs, regardless of the conduct oroutcome of the bidding process.

11. Language of Bid11.1 The Bid, as well as all correspondence and documents relating to the bid exchanged by the

Bidder and the Public Body, shall be written in English.

11.2 Bids and supporting documents of Bidders prepared in a language other than language of bidshall have to be translated by a legally competent interpreter into language of bid and a copy ofthe translation has to be submitted together with the original documents, especially where suchdocuments pertain to the fundamental elements of the bid.

11.3 If the Public Body detects discrepancy between language of the original document and thetranslated version, it shall reject the documents unless such discrepancy constitutes minordeviation from the requirement stated in the Bidding Document.

12. Bid Prices and Discounts12.1 The prices and discounts quoted by the Bidder in the Bid Submission Sheet and in the Price

Schedule (forms furnished in Section 4, Bidding Forms) shall conform to the requirementsspecified below.

12.2 All items in the Section 6, Statement of Requirements must be listed and priced separately inthe Price Schedule. If a Price Schedule shows items listed but not priced, their prices shall beassumed to be included in the prices of other items. Items not listed in the Price Schedule shallbe assumed to be not included in the Bid, and provided that the Bid is substantially responsive,the corresponding adjustment shall be applied in accordance with ITB Sub-Clause 33.2.



12.3 The price to be quoted in the Bid Submission Sheet shall be the total price of the Bid includingtaxes, excluding any conditional discounts offered.

12.4 The Bidder offering conditional discounts shall indicate the methodology for their application inthe Bid Submission Sheet.

12.5 The terms DDP, EXW, CIF, CIP, and other similar terms shall be governed by the rulesprescribed in the current edition of Incoterms, published by The International Chamber ofCommerce, at the date of the Invitation for Bids or as specified in the BDS.

12.6 Prices proposed on the Price Schedule Forms for Goods and Related Services, shall bedisaggregated, when appropriate as indicated in this sub-clause. This disaggregating shall besolely for the purpose of facilitating the comparison of bids by the Public Body. This shall notin any way limit the Public Body’s right to contract on any of the terms offered:

(a). For goods:(i) The price of the goods quoted EXW, FOB, excluding any customs duties and sales

and other taxes already paid or payable;(ii) The price for carriage and insurance of goods supplied from outside the Federal

Democratic Republic of Ethiopia, in accordance with the Incoterms specified in theSpecial Conditions of Contract;

(iii) The price for inland transportation, insurance, and other local services required toconvey the goods to their final destination if specified in the BDS, and

(iv) All Ethiopian customs duties, VAT, and other taxes already paid or payable on thegoods or on the components and raw material used in the manufacture or assembly ifthe contract is awarded to the Bidder.

(b). For related services:(i) The price of the related services; and(ii) All Ethiopian customs duties and sales and other taxes already paid or payable on the

related services if the contract is awarded to the Bidder.

12.7 Prices quoted by the Bidder shall be fixed during the validity period of the Bid and throughoutthe Bidder's performance of the Contract and not subject to variation on any account. Bidssubmitted that are subject to price adjustment will be rejected.

12.8 If so indicated in BDS Sub-Clause 1.3, bids are being invited for individual contracts (lots) orfor any combination of contracts (packages). Unless otherwise indicated in the BDS, pricesquoted shall correspond to 100 % of the items specified for each lot and to 100% of thequantities specified for each item of a lot. Bidders wishing to offer any price reduction for theaward of more than one Contract shall specify in their bid the price reductions applicable toeach package or, alternatively, to individual Contracts within the package. Price reductions shallbe submitted in accordance with ITB Sub-Clause 12.4, and clearly indicated for each lot in sucha way that it can be announced during the public Bid opening session.

12.9 Where a foreign Bidder uses local inputs to satisfy the required object of procurement under thecontract, the portion of the total contract price representing such local expenditure shall beexpressed in ETB in the Price Schedule of the Bidder.



13. Currencies of Bid and Payment13.1 For Goods and Related Services that the Bidder will supply from inside Ethiopia the prices shall

be quoted in the Ethiopian Birr, unless otherwise specified in the BDS.

13.2 For Goods and Related Services that the Bidder will supply from outside Ethiopia prices shallbe expressed in the currency of any eligible country. If the Bidder wishes to be paid in acombination of amounts in different currencies, it may quote its price accordingly but use nomore than three currencies different from the currency of Ethiopia.

14. Professional Qualifications and Capability of the Bidder14.1 If required, in order to proof their professional qualifications and capability Bidders must

provide relevant information for the period specified in the BDS by completing relevant tablesin the form entitled Bidders Certification of Compliance furnished in Section 4, Bidding Forms.

15. Financial Standing of the Bidder15.1 If required in BDS, in order to proof that it has adequate financial resources to manage this

Contract the bidder must present its financial data by completing relevant table in the formentitled Bidders Certification of Compliance that is furnished in Section 4, Bidding Forms.

15.2 Along with the proof referred to in Clause 15.1 the documents that are required as proof of thebidder's financial standing are the following:

(a). Financial statements certified by an independent auditor;(b). Other documents as stated in the BDS.

16. Technical Qualifications, Competence, and Experience of the Bidder16.1 The Bidder must present a description of its company and organization, with appropriate

reference to any parent company and subsidiaries. The Bidder shall also include detailsdemonstrating the Bidder’s experience and ability in selling and servicing the Goods andRelated Services listed in Section 6, Statement of Requirements. Also, each Bidder shall includea description of how it plans to manage the work included in this Bidding Document in additionto its other ongoing projects.

16.2 This information shall be included in a separate form entitled Bidders Certification ofCompliance that is furnished in Section 4, Bidding Forms.

16.3 As a proof of satisfactory execution of contracts the Bidder must provide Certificates ofsatisfactory execution of contracts, provided by the other contracting party to the contractsconcerned in number and within the period specified in the BDS for similar sized/type contractswith a budget of at least that of this contract, unless otherwise specified in the BDS includingcontact information for verification and inspection so as to provide due diligence. Contactinformation should include, at a minimum: name, function, address, e-mail, and phone number.Each reference provided should be the client’s responsible project administrator or a seniorofficial of the client who is familiar with the Bidder’s performance and with the Bidder’ssystem capabilities, and who may be contacted by the Public Body during the evaluationprocess.

16.4 The Certificate of satisfactory execution of contracts shall include the following data:

(a). The name and place of establishment of the contracting parties,(b). The subject-matter of the contract,(c). The value of the contract



(d). The time and place of performance of the contract,(e). A statement concerning the satisfactory execution of contracts.

16.5 If, for objective reasons, such a certificate cannot be obtained from a contracting party, astatement issued by the bidder concerning satisfactory execution of contracts may also be valid,on presentation of proof that the certificate was requested.

16.6 If the Bidder(s) propose a joint venture all of the information listed above must be provided forall of the joint venture members. This information shall be in separate sections, one section perjoint venture member. In addition, the Bid shall provide the agreements that support therelationships between joint venture members.

16.7 Unless otherwise specified in the BDS, the Public Body reserves the right to undertake physicalchecking of current Bidder's technical qualifications and competence in order to make sure thatthe Bidder has adequate qualifications to manage this Contract.

17. Documentary Technical Evidence17.1 To establish the conformity of the Goods and Related Services to the Bidding Documents and to

support details provided in the Section 6, Technical Specification and Compliance Sheet theBidder shall furnish as part of its bid the documentary technical evidence, unless otherwisespecified in the BDS.

17.2 The documentary evidence may be in the form of literature, illustrations, drawings brochures, ordata, and shall consist of a detailed description of the essential technical and performancecharacteristics of the Goods and Related Services, demonstrating substantial responsiveness ofthe Goods and Related Services to those requirements, and if applicable, a statement ofdeviations and exceptions to the provisions of the Statement of Requirements.

17.3 Standards for workmanship, process, material, and equipment, as well as references to brandnames or catalogue numbers specified by the Public Body in the Statement of Requirements, areintended to be descriptive only and not restrictive. The Bidder may offer other standards ofquality, brand names, and/or catalogue numbers, provided that it demonstrates, to the PublicBody’s satisfaction, that the substitutions ensure substantial equivalence or are superior to thosespecified in the Section 6, Statement of Requirement

18. Presentation of Samples18.1 The Public Body reserves the right to request production and presentation of samples

representing any or all Goods proposed in response to this Bidding Document. If Bidder fails toprovide such Goods for presentation, the Bidder’s Proposal may be rejected by the Public Bodyin its sole discretion. The Bidder warrants that if awarded a Contract the Goods and RelatedServices delivered under such Contract shall meet or exceed the quality of the Goods presented.Samples of the quoted products, when requested in BDS, must be furnished free of charge andin a timely manner. Bidder should not submit unsolicited samples.

18.2 If the Public Body decide to request production and presentation of samples representing any orall Goods all Bidders will be informed in writing on the place where the samples are to bedelivered and the time when and the place where the samples will be openly shown.

18.3 The Public Body shall handle and examine carefully, samples supplied by bidders; howeverBidders shall not be paid compensation for samples lost or destroyed in the examination processbecause of their nature. Samples that are not lost or destroyed shall be returned to unsuccessfulbidders. If samples are not claimed by unsuccessful bidders within 6 months, they shall be



forfeited to the government.

18.4 Unless the Public Body decides otherwise, a sample supplied by the successful bidder shall staywith the Public Body until the completion of the procurement process to be used for checkingconformity during delivery.

19. Joint Venture or Consortium19.1 If bidder is a joint venture or consortium of two or more entities, the bid must be single with the

object of securing a single contract; authorized person must sign the bid and will be jointly andseverally liable for the bid and any contract. Those entities must designate one of their membersto act as leader with authority to bind the joint venture or consortium. The composition of thejoint venture or consortium must not be altered without the prior consent in writing of thePublic Body.

19.2 The bid may be signed by the representative of the joint venture or consortium only if he hasbeen expressly so authorized in writing by the members of the joint venture or consortium, andthe authorizing contract, notarial act or deed must be submitted to the Public Body. Allsignatures to the authorizing instrument must be certified in accordance with the national lawsand regulations of each party comprising the joint venture or consortium together with thepowers of attorney establishing, in writing, that the signatories to the bid are empowered toenter into commitments on behalf of the members of the joint venture or consortium. Eachmember of such joint venture or consortium must prove to the satisfaction of the Public Bodythat they comply with the necessary legal, technical and financial requirements and have thewherewithal to carry out the contract effectively.

20. Alternative Bids20.1 Unless otherwise indicated in the BDS, alternative Bids shall not be considered.

20.2 If permitted in BDS, the Public Body may consider alternative systems or products prior to thenotification of the successful Bidder provided that the Bidder:

(a). Has submitted Bid in accordance with the Bidding Document as issued; and(b). Has submitted Bid based on alternative(s) to the Bidding Document as issued;(c). Has included with the Bid a demonstration of the advantages of the alternative solution

over the initial solution, including a quantifiable justification of any economic and/ortechnical advantages; and

(d). Has included with the Bid sufficient descriptive information for a complete evaluation ofthe proposed alternative(s) by the Public Body, including calculations, technicalspecifications, breakdown of prices, proposed work methods and other relevant details.

20.3 Only the technical alternative(s), if any, of the lowest evaluated Bidder conforming to the basictechnical requirements shall be considered by the Public Body.

20.4 In evaluating a Bid containing an alternative process or product the Public Body may use anyevaluation/award criteria as indicated in the BDS and Section 3, Evaluation Methodology andCriteria.

20.5 Alternative Bids not requested by the Public Body shall be rejected.

21. Period of Validity of Bids21.1 Bids shall remain valid for the period specified in the BDS after the bid submission deadline

prescribed by the Public Body. A bid valid for a shorter period may be rejected by the Public



Body as non-responsive.

21.2 In exceptional circumstances, prior to expiry of the bid validity period, the Public Body mayrequest Bidders to extend the period of validity of their bids. The request and the responses shallbe made in writing.

21.3 Bidders who are not willing to extend their bid validity period for what ever reason shall bedisqualified from the bid without having forfeited their bid security.

21.4 Bidders agreeing to the Public Body’s request for extension of their bid validity period have toexpress in writing their agreement to such request and for how long they are willing to extendthe period. Similarly, they have to amend the validity period of their bid security on the basis ofthe extension of the bid validity period they have agreed to, or alternatively, furnish new bidsecurity to cover the extended period.

21.5 A bidder not agreeing to extend the validity period of his/its bid security shall be treated as abidder refusing the Public Body’s request for extension of bid validity period, and as such, shallbe disqualified from further bid proceeding.

22. Bid Security22.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of its bid, a bid security

in original form and in the amount and currency specified in the BDS. A copy of bid security, ifsubmitted without original form, shall not be accepted.

22.2 The bid security shall be, at the Bidder’s option, in any of the following forms:

(a). An unconditional Bank Guarantee;(b). An irrevocable Letter of Credit;(c). Cash, check certified by a reputable bank or financial institution, or payable order;

all from a reputable source from any eligible country. Securities issued by foreign banks orfinancial institutions shall be counter-guaranteed by an Ethiopian bank. The bid securityshall be submitted either using the Bid Security Form included in Section 4, BiddingForms, or in another substantially similar format approved by the Public Body. In eithercase, the form must include the complete name of the Bidder. The bid security shall bevalid for twenty-eight days (28) beyond the end of the validity period of the bid. This shallalso apply if the period for bid validity is extended.

22.3 The Bid Security of a Joint Venture shall be issued in the name of the Joint Venture submittingthe bid provided the Joint Venture has legally been constituted, or else it shall be issued in thename of all partners proposed for the Joint Venture in the bid. Sanctions due to a breach of theterms of a Bid Security pursuant to ITB Clause 22.7 will apply to all partners to the JointVenture.

22.4 Any bid not accompanied by a substantially responsive bid security, if one is required inaccordance with ITB Sub-Clause 22.1, shall be rejected by the Public Body as non responsive.

22.5 The bid security of unsuccessful Bidders shall be returned as promptly as possible upon thesuccessful Bidder’s furnishing of the performance security pursuant to ITB Clause 47.

22.6 The bid security of the successful Bidder shall be returned as promptly as possible once thesuccessful Bidder has signed the Contract and furnished the required performance security.



22.7 The bid security may be forfeited:

(a). If a Bidder withdraws its bid during the period of bid validity specified by the Bidder onthe Bid Submission Sheet, except as provided in ITB Sub-Clause 21.2; or

(b). If the successful Bidder fails to:(i) Sign the Contract in accordance with ITB 45;(ii) Furnish a performance security in accordance with ITB Clause 47; or

22.8 The bid security furnished by foreign bidders from a bank outside of Ethiopia has to beunconditional and counter guaranteed by local banks.

23. Documents Comprising the Bid23.1 All bids submitted must comply with the requirements in the Bidding Document and comprise

the following:

23.2 Mandatory documentary evidence establishing the Bidder's qualification is the following:

(a). Bid Submission Sheet (form furnished in Section 4, Bidding Forms) including thefollowing mandatory attachments:(i) VAT registration certificate issued by the tax authority (only domestic Bidders in case

of contract value specified in BDS Clause 4.6(b)(ii));(ii) A valid tax clearance certificate issued by the tax authority (domestic Bidders only);(iii) Business organization registration certificate or trade license issued by the country of

establishment;(iv) Relevant professional practice certificates, as appropriate.

(b). Bidder Certification of Compliance (form furnished in Section 4, Bidding Forms) includingthe following mandatory attachments:(i) Written statement by a power of attorney (or notary statement, etc.) proving that the

person, who signed the bid on behalf of the company/joint venture/consortium, is dulyauthorized to do so, as stipulated in ITB Clause 24.2;

(ii) Documents required in the BDS Clause 15.2 as proof of the bidder's financialstanding;

(iii) Certificates of satisfactory execution of contracts provided by contracting parties tothe contracts successfully completed in the course of the period as specified in theBDS with a budget of at least that of this contract, unless otherwise specified in theBDS Clause 16.3,.

(c). Technical Specification + Technical Offer + Compliance Sheet (it should be presented asper template furnished in Section 6, Statement of Requirements) with detailed descriptionof the proposed Goods and Related Services in compliance with the minimum technicalrequirements, including, if necessary, separate sheets or documentation for details.Technical Specification + Technical Offer + Compliance Sheet Form must include thefollowing mandatory attachments;(i) Descriptive technical literature in accordance with ITB Clause 17 (if required in

BDS);(ii) Description of the organization of the warranty offered in accordance with the

conditions laid down in GCC Clause 23;(iii) Manufacturer Authorization Letter in accordance with ITB Clause 5.6



(d). Delivery and Completion Schedule;(e). Bid Security, in accordance with ITB Clause 22;(f). Alternative bids, if permissible, in accordance with ITB Clause 20.(g). Domestic Bidders, individually or in joint ventures, applying for eligibility for a 15-percent

margin of domestic preference shall supply all information required to satisfy the criteriafor eligibility as described in ITB 35.

(h). In the case of a bid submitted by a joint venture (JV), the Form Data on Joint Ventures, theAgreement governing the formation of joint venture, or letter of intent to form JV,including a draft agreement, in accordance with ITB Clause 4.1.

(i). Price Schedule for the Goods and Related Services offered (it should be presented as pertemplate furnished in Section 4, Bidding Forms) and if necessary completed by separatesheets for the details.

(j). Any other document or information required to be completed and submitted by Bidders, asspecified in the BDS

24. Format and Signing of Bid24.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB

Clause 23 and clearly mark it “ORIGINAL.” Alternative bids, if permitted in accordance withITB 20, shall be clearly marked ―ALTERNATIVE. In addition, the Bidder shall submit copiesof the bid, in the number specified in the BDS and clearly mark each of them “COPY.” In theevent of any discrepancy between the original and the copies, the original shall prevail. Ifrequired in BDS, Bidders shall be required to submit bid documents in two envelopescontaining the technical and financial proposals separately.

24.2 The original and all copies of the bid shall be typed or written in indelible ink and shall besigned by a person duly authorized to sign on behalf of the Bidder. This authorization shallconsist of a written statement by a power of attorney (or notary statement, etc.) proving that theperson, who signed the bid on behalf of the company/joint venture/consortium is dulyauthorized to do so and it shall be attached to the bid. The name and position held by eachperson signing the authorization must be typed or printed below the signature. All pages of thebid, except for non-amended printed literature, shall be signed or initialled by the personsigning the bid.

24.3 Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialledby the person signing the bid.

D. Submission and Opening of Bids25. Sealing and Marking of Bids25.1 The Bidder shall enclose the original and each copy of the bid, including alternative bids, if

permitted in accordance with ITB Clause 20, in separate sealed envelopes, duly marking theenvelopes as “ORIGINAL” and “COPY.” These envelopes containing the original and thecopies shall then be enclosed in one single envelope.

25.2 The inner and outer envelopes shall:

(a). Be addressed to the Public Body in accordance with ITB Sub-Clause 26.1;(b). Bear the subject of the procurement or the Project name, and procurement reference

number indicated in the BDS;



(c). Bear the words “Not to be opened before the time and date for bid opening”.

25.3 The outer envelopes shall also indicate the name and address of the Bidder to enable the bid tobe returned unopened in case it is declared “late” pursuant to ITB Clause 27.1.

25.4 If all envelopes are not sealed and marked as required, the Public Body shall assume noresponsibility for the misplacement or premature opening of the bid.

26. Deadline for Submission of Bids26.1 Bidders may always submit their bids by registered post or by hand. Bids must be received by

the Public Body at the address and no later than the date and time indicated in the BDS.

26.2 The Public Body may, at its discretion, extend the deadline for the submission of bids byamending the Bidding Documents in accordance with ITB Clause 8, in which case all rights andobligations of the Public Body and Bidders previously subject to the deadline shall thereafter besubject to the deadline as extended.

27. Late Bids27.1 The Public Body shall not consider any bid that arrives after the deadline for submission of

bids, in accordance with ITB Clause 26. Any bid received by the Public Body after the deadlinefor submission of bids shall be declared late, rejected, and returned unopened to the Bidder.

28. Withdrawal, Substitution, and Modification of Bids28.1 A Bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a

written notice, duly signed by an authorized representative, and shall include a copy of theauthorization in accordance with ITB Sub-Clause 24.2, (except that withdrawal notices do notrequire copies). The corresponding substitution or modification of the bid must accompany therespective written notice. All notices must be:

(a). Submitted in accordance with ITB Clauses 24 and 25 (except that withdrawals notices donot require copies), and in addition, the respective envelopes shall be clearly marked“Withdrawal,” “Substitution,” “Modification;” and

(b). Received by the Public Body prior to the deadline prescribed for submission of bids, inaccordance with ITB Clause 26.

28.2 Bids requested to be withdrawn in accordance with ITB Sub-Clause 28.1 shall be returnedunopened to the Bidders. Bid withdrawal notices received after the bid submission deadline willbe ignored, and the submitted bid will be deemed to be a validly submitted bid.

28.3 No bid may be withdrawn, substituted, or modified in the interval between the deadline forsubmission of bids and expiry of the period of bid validity specified by the Bidder on the BidSubmission Sheet or any extension thereof.

29. Bid Opening29.1 The Public Body shall conduct the bid opening in the presence of Bidders` designated

representatives who choose to attend, and at the address, date and time specified in the BDS.The opening of the bid shall not be affected by the absence of the bidders on their own will.

29.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope withthe corresponding bid shall not be opened, but returned to the Bidder. No bid withdrawal shall



be permitted unless the corresponding withdrawal notice contains a valid authorization torequest the withdrawal and is read out at bid opening. Next, envelopes marked“SUBSTITUTION” shall be opened and read out and exchanged with the corresponding bidbeing substituted, and the substituted bid shall not be opened, but returned to the Bidder. No bidsubstitution shall be permitted unless the corresponding substitution notice contains a validauthorization to request the substitution and is read out at bid opening. Envelopes marked“MODIFICATION” shall be opened and read out with the corresponding bid. No bidmodification shall be permitted unless the corresponding modification notice contains a validauthorization to request the modification and is read out at bid opening. Only envelopes that areopened and read out at bid opening shall be considered further.

29.3 All other envelopes shall be opened one at a time, reading out: the name of the Bidder andwhether there is a modification; the Bid Prices, including any discounts and alternative offers;the presence of a bid security, if required; and any other details as the Public Body mayconsider appropriate. Only discounts and alternative offers read out at bid opening shall beconsidered for evaluation. No bid shall be rejected at bid opening except for late bids, inaccordance with ITB Sub-Clause 27.1.

29.4 The Public Body shall prepare a record of the bid opening that shall include, as a minimum: thename of the Bidder and whether there is a withdrawal, substitution, or modification; the BidPrice, per lot if applicable, including any discounts and alternative offers; and the presence orabsence of a bid security, if one was required. The Bidders’ representatives who are presentshall be requested to sign the record. The omission of a Bidder’s signature on the record shallnot invalidate the contents and effect of the record. A copy of the record shall be distributed toall Bidders.

29.5 Any bid document not opened and read out during the bid opening proceeding shall not beconsidered for further evaluation.

E. Evaluation and Comparison of Bids30. Confidentiality30.1 Information relating to the examination, evaluation, clarification, and comparison of bids, and

recommendation of contract award, shall not be disclosed to bidders or any other persons notofficially concerned with such process until information on Contract award is communicated toall bidders.

30.2 Any effort by a Bidder to influence the Public Body in the examination, evaluation, andcomparison of the bids or Contract award decisions may result in the rejection of its bid.

30.3 Notwithstanding ITB Sub-Clause 30.2, from the time of bid opening to the time of Contractaward, if any Bidder wishes to contact the Public Body on any matter related to the biddingprocess, it should do so in writing.

31. Clarification of Bids31.1 To assist in the examination, evaluation, and comparison of the bids, the Public Body may, at its

sole discretion, ask any Bidder for a clarification of its bid. Any clarification submitted by aBidder that is not in response to a request by the Public Body shall not be considered. ThePublic Body’s request for clarification and the response shall be in writing. No change in theprices or substance of the bid shall be sought, offered, or permitted, except to confirm the



correction of arithmetic errors discovered by the Public Body in the evaluation of the bids, inaccordance with ITB Clause 34.

31.2 If a Bidder does not provide clarifications of its bid by the date and time set in the PublicBody’s request for clarification, its bid may be rejected.

32. Responsiveness of Bids32.1 The Public Body’s determination of a bid’s responsiveness is to be based on the contents of the

bid itself.

32.2 A substantially responsive bid is one that conforms to all the terms, conditions, andspecifications of the Bidding Documents without material deviation, reservation, or omission.A material deviation, reservation, or omission is one that:

(a). If accepted, would,(i) Affect in any substantial way the scope or quality of the Goods and Related Services

specified in the Contract; or(ii) Limits in any substantial way, inconsistent with the Bidding Documents, the Public

Body’s rights or the Bidder’s obligations under the Contract; or(b). If rectified would unfairly affect the competitive position of other Bidders presenting

substantially responsive bids.

32.3 If a bid is not substantially responsive to the salient requirements of the Bidding Documents itshall be rejected by the Public Body and may not subsequently be made responsive by theBidder by correction of the material deviation, reservation, or omission.

32.4 Decisions to the effect that a bid is not substantially responsive t must be duly justified in theevaluation minutes.

32.5 If only one Bid meets all salient requirements of the Bidding Document and is not otherwisedisqualified, the Public Body may still complete the full evaluation of that Bid and sign contractwith that Bidder if the Bid submitted by such bidder is satisfactory to the Public Body and theprice offered by the bidder is comparable to or less than the market price of the required objectof procurement.

33. Nonconformities and Omissions33.1 Provided that a bid is substantially responsive, the Public Body may waive any non-conformity

or omissions in the bid that does not constitute a material deviation.

33.2 Provided that a bid is substantially responsive, the Public Body may request that the Biddersubmit the necessary information or documentation, within a reasonable period of time, torectify nonmaterial nonconformities or omissions in the bid related to documentationrequirements. Requesting information or documentation on such nonconformities shall not berelated to any aspect of the price of the bid. Failure of the Bidder to comply with the requestmay result in the rejection of its bid.

33.3 Provided that a bid is substantially responsive, the Public Body shall rectify nonmaterialnonconformities or omissions. To this effect, the Bid Price shall be adjusted, for comparisonpurposes only, by the highest price quoted in this bidding process to reflect the price of themissing or non-conforming item or component.



34. Dubious price quotations and errors in calculation34.1 Provided that the bid is substantially responsive, the Public Body shall correct arithmetical

errors on the following basis:

(a). If there is a discrepancy between the unit price and the total price that is obtained bymultiplying the unit price and quantity, the unit price shall prevail and the total price shallbe corrected, unless in the opinion of the Public Body there is an obvious misplacement ofthe decimal point in the unit price, in which case the total price as quoted shall govern andthe unit price shall be corrected;

(b). If there is an error in a total corresponding to the addition or subtraction of subtotals, thesubtotals shall prevail and the total shall be corrected; and

(c). If there is a discrepancy between words and figures, the amount in words shall prevail,unless the amount expressed in words is related to an arithmetic error, in which case theamount in figures shall prevail subject to (a) and (b) above.

34.2 The Public Body shall correct the detected errors in calculation and notify the bidder in writingof the corrections made without any delay, requesting the bidder to confirm that he accepts thecorrection of the calculation error within the period specified in BDS from the date on whichthe notice was received. The corrections shall be clearly indicated in the bid.

34.3 If the Bidder that submitted the lowest evaluated bid does not accept the correction of errors, itsbid shall be disqualified.

35. Margin of Preference35.1 Preference shall be granted to locally produced goods, to small and micro enterprises

established under the relevant Proclamation.

35.2 The margin of preference to be so granted for locally produced goods and applied whencomparing prices during evaluation of bids shall be 15 %

35.3 The preference to be granted as per Sub-Clause 35.2 shall be effective where it is certified by acompetent auditor that no less than 35% of the total value of such products is added in Ethiopia.

35.4 For the purpose of Sub-Clause 35.3, value added in Ethiopia shall be calculated by deductingfrom the total value of the product in question, the cost, exclusive of indirect taxes, of importedraw materials and other supplies used in the production of such product as well as servicesrendered abroad in connection with the production of that product.

35.5 Preference shall be given to small and micro enterprises established under the relevant law by amargin of 3% when such enterprises compete with local bidders.

36. Preliminary Examination of Bids36.1 The Public Body shall examine the bids to confirm that all documentary evidence establishing

the Bidder's qualification requested in ITB Clause 23 have been provided, and to determinewhether bid comply with administrative requirements of the Bidding Document.

36.2 From the time the Bids are opened to the time the Contract is awarded, the Bidders should notcontact the Public Body on any matter related to its Bid. Any effort by Bidders to influence thePublic Body in the examination, evaluation, ranking of Bids, and recommendation for award ofContract may result in the rejection of the Bidders’ Bid.



36.3 The Public Body may determine bid as not responsive when:

(a). Bidder has failed to submit Written statement by a power of attorney (or notary statement,etc.) proving that the person, who signed the bid on behalf of the company/jointventure/consortium, is duly authorized to do so (ITB Sub-clause 24.2);

(b). Original and all copies of the bid are not typed or written in indelible ink and signed by aperson duly authorized to sign on behalf of the Bidder (ITB Sub-clause 24.2);

(c). All pages of the bid, except for non-amended printed descriptive literature, are not signedor initialled by the person signing the bid (ITB Sub-clause 24.2);

(d). Bid is not written in language specified in the ITB Clause 11.1;(e). Bidder has failed to submit signed and dated Bid Submission Sheet Form;(f). Bidder has failed to submit signed and dated Price Schedule Form;(g). Bidder has failed to submit signed and dated Bidder Certification of Compliance Form;(h). Bidder has failed to submit signed and dated Technical Specification + Technical Offer+

Compliance Sheet Form;(i). Bidder has failed to submit signed and dated Delivery and Completion Schedule;(j). Bidder has failed to submit signed and dated Bid Security;(k). The Bid Security is not in accordance with ITB Clause 22.

37. Legal, Professional, Technical, and Financial Admissibility of Bids37.1 After confirming the bids comprise all mandatory documentary evidence establishing the

Bidder's qualification, the Public Body will rule on the legal, technical, professional, andfinancial admissibility of each bid, classifying it as compliant or non-compliant withqualification requirements set forth in the Bidding Document.

37.2 Legal admissibility

The Public Body may determine bid as not responsive when:(a). Bidder does not have nationality in accordance with ITB Sub-Clause 4.2;(b). Bidder is found to have a conflict of interest as described in ITB Sub-Clause 4.3(c). Bidder has failed to submit valid business license indicating the stream of business in

which the bidder is engaged in accordance with ITB Clause 4.6(b)(i);(d). Bidder has failed to register itself in the Public Procurement and Property Administration

Agency's suppliers list (mandatory for domestic Bidders only) in accordance with ITBClause 4.7;

(e). Domestic Bidder has failed to submit VAT registration certificate issued by the taxauthority (in case of contract value specified in BDS Clause 4.6(b)(ii), in accordance withITB Clause 4. 6(b)(ii);

(f). Domestic Bidder has failed to submit a valid tax clearance certificate issued by the taxauthority in accordance with ITB Clause 4.6(b)(iii);

(g). Foreign Bidder has failed to submit business organization registration certificate or validtrade license issued by the country of establishment, in accordance with ITB Clause 4.6(c);

(h). Bidder has been debarred by a decision of the Public Procurement and PropertyAdministration Agency from participating in public procurements for breach of itsobligation under previous contracts, in accordance with ITB Clause 4.4.

(i). In the case of a bid submitted by a joint venture (JV), the Bidder has failed to submit the



Form Data on Joint Ventures, the Agreement governing the formation of joint venture, orletter of intent to form JV, including a draft agreement, in accordance with ITB Clause 4.1

37.3 Professional admissibilityThe Public Body may determine bid as not responsive when:(a). Bidder has failed to submit relevant professional practice certificates, if required in BDS

Clause 4.6(b)(iv);(b). Bidder has failed to provide in the Bidder Certification of Compliance Form information

related to its professional qualification and capability for the period specified in the BDSClause 14.1;

37.4 Technical admissibility

The Public Body may determine bid as not responsive when:(a). Bidder has failed to provide in the Bid Submission Sheet Form the Statement attesting the

origin of the Goods and Related Services offered;(b). Bidder has failed to provide in the Bidder Certification of Compliance Form information

about major relevant contracts successfully completed in the number and period specifiedin the BDS;

(c). Bidder has failed to submit Certificates of satisfactory execution of contracts provided bycontracting parties to the contracts successfully completed in the period and budget asspecified in the BDS Clause 16.3;

(d). Bidder has failed to complete its Technical Specification + Technical Offer+ ComplianceSheet Form in accordance with technical specification presented as per template in Section6, Statement of Requirements and submit the following mandatory attachments;(i) Bidder has failed to submit Descriptive technical literature in accordance with ITB

Clause 17;(ii) Bidder has failed to submit Description of the organization of the warranty offered in

accordance with the conditions laid down in GCC Clause 23;(iii) Bidder has failed to submit Manufacturer Authorization Letter in accordance with ITB

Clause 5.6.(e). Bidder has failed to submit signed and dated Delivery and Completion Schedule presented

as per template in Section 6, Statement of Requirements

37.5 Financial admissibilityThe Public Body may reject any bid when:(a). Bidder has failed to submit financial statements certified by an independent auditor as

required in ITB Clause 15.2(a) for the period specified in Section 3, EvaluationMethodology and Criteria;

(b). Bidder has failed to submit other documents proofing its financial standing, as required inthe BDS Clause 15.2(b);

(c). The average annual turnover for the period specified in Section 3, Evaluation Methodologyand Criteria does not exceed the amount of the financial proposal of the Bid in valuespecified in the BDS.

(d). Bidder has failed to calculate Bid Prices for the Goods and Related Services offered asprescribed in ITB Clause 12; and

(e). Bidder has failed to quote prices in currency specified in the BDS in accordance with ITB



Clause 13.38. Evaluation of Bids38.1 The Public Body shall evaluate each bid that has been determined, up to this stage of the

evaluation, to be substantially responsive.

38.2 For evaluation and comparison purposes, the Public Body shall convert all bid prices expressedin the amounts in various currencies into a single currency indicated in BDS, using the sellingexchange rate established by the National Bank of Ethiopia and on the date of the Bid opening.

38.3 To evaluate a bid, the Public Body shall only use all the criteria and methodologies defined inthis Clause and in Section 3, Evaluation Methodology and Criteria. No other criteria ormethodology shall be permitted.

38.4 To evaluate a bid, the Public Body shall consider the following:

(a). The bid price;(b). Price adjustment for correction of arithmetic errors in accordance with ITB Sub-Clause 34;(c). Price adjustment due to discounts offered in accordance with ITB Sub-Clause 12.4;

(d). Converting the amount resulting from applying (a) to (c) above, if relevant, to a singlecurrency in accordance with ITB Sub-Clause 38.2;

(e). Adjustment for nonconformities and omissions in accordance with ITB Sub-Clause 33;(f). Application of all the evaluation factors, if indicated in Section 3, Evaluation Methodology

and Criteria.(g). Adjustments due to the application of a margin of preference, in accordance with ITB

Clause 35.

38.5 The Public Body’s cost evaluation of a bid may require the consideration of other factors, inaddition to the Bid Price quoted in accordance with ITB Clause 12. These factors may berelated to the characteristics, performance, and terms and conditions of purchase of the Goodsand Related Services. The factors to be used, if any, and the methodology of application shall beindicated in Section 3, Evaluation Methodology and Criteria.

38.6 If these Bidding Documents allow Bidders to submit a Bid for different lots, and the award to asingle Bidder of multiple lots, the methodology of evaluation to determine the lowest evaluatedlot combinations, including any discounts offered in the Bid Submission Sheet, is specified inthe BDS and detailed in Section 3 Evaluation Methodology and Criteria.

39. Comparison of Bids39.1 The Public Body shall compare all substantially responsive bids to determine the lowest

evaluated bid as specified in Section 3: Evaluation Methodology and Criteria.

40. Post-qualification Evaluation40.1 After identifying the successful bidder by evaluating the bid documents against the criteria set

forth in this Bidding Document the Public Body shall conduct post qualification evaluation toestablish the current qualification of the successful bidder where it feels that it has to beascertained.

40.2 Such post qualification evaluation of the successful bidder may relate to submission of the



documentary evidence specified in ITB Clause 37, unless satisfactory documents are alreadyincluded in the Bid, concerning its current legal, professional, technical, and financial standingand conformity to the requirements stated in this Bidding Document.

40.3 If the successful bidder fails to provide this documentary proof within 15 calendar daysfollowing the Public Body's request or if the successful bidder is found to have provided falseinformation its Bid shall be disqualified, in which event the Public Body shall proceed to thenext lowest evaluated bid to make a similar determination of that Bidder’s capabilities toperform satisfactorily.

41. Acceptance or Rejection of Bids41.1 The Public Body reserves the right to accept or reject any bid, and to annul the bidding process

and reject all bids at any time prior to contract award, without thereby incurring any liability toBidders.

42. Re-advertising bids42.1 The Public Body may issue invitation to bid for a second time under the following

circumstances:

(a). Where the Invitation to Bid has been unsuccessful, namely where no qualitatively orfinancially worthwhile Bids have been received.

(b). Where the best price offered by a bidder is significantly higher than the market priceestimate of the object of procurement made by the Public Body prior to the issuance of theinvitation to bid.

(c). Where it is concluded that non compliance with the rules and procedures governing bidsprescribed by the Proclamation and Procurement Directive led to the failure of theinvitation to bid to attract more than one bidder, or where it is believed that modifying thebidding document could attract adequate number of bidders.

(d). Circumstances of Force Majeure render normal implementation of the Contract impossible.

F. Award of Contract43. Award Criteria43.1 The Public Body shall award the Contract to the Bidder whose bid has been determined to be

the lowest evaluated bid and is substantially responsive to the Bidding Documents, providedfurther that the Bidder is determined to be qualified to perform the Contract satisfactorily.

43.2 If Bids are being invited for individual contracts (lots) Contracts will be awarded lot by lot, butthe Public Body may select the most favorable overall solution after taking account of anydiscounts offered.

43.3 If the Bidder is awarded more than one lot, a single contract may be concluded covering allthose lots.

44. Right to Vary Quantities at Time of Award44.1 At the time the Contract is awarded, the Public Body reserves the right to increase or decrease

the quantity of Goods and scope of Related Services originally specified in Section 6, Statementof Requirement, provided this does not exceed the percentages indicated in the BDS, andwithout any change in the unit prices or other terms and conditions of the bid and the BiddingDocuments.



45. Announcing and Awarding of the Successful Bidder45.1 Prior to expiry of the period of bid validity, the Public Body shall notify in writing the result of

a bid evaluation to all bidders alike at the same time.

45.2 The letter of notification to be disclosed to the unsuccessful bidders on the technical evaluationshall state the reason why they did not succeed in their bid and the identity of the successfulbidder

45.3 A letter of award to be sent by the Public Body to a successful bidder shall not constitute acontract between him and the Public Body. A contract shall be deemed to have been concludedbetween the Public Body and the successful bidder only where a contract containing detailedprovisions governing the execution of the procurement in issue is signed.

45.4 A letter of contract award to be sent to a successful bidder may contain the followinginformation:

(a). That the Public Body has accepted his bid;(b). The total contract price;(c). The list of items and their respective unit price;(d). The amount of the performance security the successful bidder is required to furnish and the

deadline for providing such security.46. Signing of Contract46.1 Promptly after notification of the proposed contract award the Public Body shall send the

successful Bidder the Contract.

46.2 Within fifteen (15) days of receipt of the notification of award, the successful Bidder shall sign,date, and return it to the Public Body the Contract

46.3 The Public Body shall not sign a contract before seven working days from the date bidders arenotified of the result of their bid or of any complaint against the bid proceeding.

47. Performance Security47.1 Within fifteen (15) days from signing the contract the successful Bidder shall furnish the

performance security in accordance with the GCC, using for that purpose the PerformanceSecurity Form included in Section 9, Contract Forms, or another form acceptable to the PublicBody.

47.2 Failure of the successful Bidder to submit the above-mentioned Performance Security or signthe Contract shall constitute sufficient grounds for annulment of the award and forfeiture of thebid security.

47.3 Small and micro enterprises shall be required to submit a letter of guarantee written by acompetent body organizing and overseeing them in lieu of bid security, performance security oradvance payment guarantee.

47.4 Where the successful bidder can not or is unwilling to sign a contract or submit the above-mentioned Performance Security, the Public Body may either declare the bidder submitting thesecond lowest evaluated bid the successful bidder or invite such bidder to sign a contract oradvertise the bid afresh by assessing the benefit of the two options.

Part 1: Bidding Procedures Section 2: Bid Data Sheet

SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Bid Data Sheet Section II of IX Issued by:

Section 2. Bid Data SheetTable of Contents

A. Introduction 1

B. Bidding Documents 4

C. Preparation of Bids 4

D. Submission and Opening of Bids 7

E. Evaluation, and Comparison of Bids 8

F. Award of Contract 8


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Bid Data Sheet Page 1 of 4 Issued by:

Section 2. Bid Data Sheet (BDS)

Instructions forBidders (ITB)

referenceData relevant to ITB

A. IntroductionITB 1.1 The Public Body is: Food, Medicine and Healthcare Administration and

Contro Authirity of Ethiopia (EFMHACA).

Registered Address: Addis AbabaITB 1.1 The Bidding Document is issued under Procurement Method: International

Competitive BID (ICB).

ITB 1.2 and25.2(b)

The Project name is: Procurement of Different Laboratory GoodsGeneral description of Goods that are subject of the procurement is:

PART 1:Procure For Food Quality Control Laboratory

Lot 1. Laboratory Instruments/Equipments/ApparatusLot 2. Laboratory Chemicals ,Lot 3. Immune affinity Column SPE cartridgeLot 4. Microbiological MediasLot 5. Reference Organisms,Lot 6. Reference Standards form USP,SIGMA/MERK orEquivalentLot 7. Laboratory SuppliesPART 2:Procure For M edicine Quality Control Laboratory

Lot 1. Laboratory Instruments/Equipments/ApparatusLot 2. Laboratory Chemicals ,Lot 3. HPLC ColumnsLot 4. Microbiological MediasLot 5. Reference Standards (USP/CRS/BPCRS) or Equivalent

Lot 6. Laboratory Supplies

Lot 7. Buffer SolutionsLot 8. Pharmacopeias and Reference Standards





ITB 1.3 and25.2(b)

The Procurement Reference Number is:EFMHACA/FSD/ICB/002/2018/2010

ITB 1.3 The number and identification of Lots in this Bidding Document is:

Part 1: Procure for Food quality Control Laboratory

Lot No Sub Lot No Discription

1LaboratoryInstruments/Equipments/Apparatus

2 Laboratory Chemicals3 Immune affinity column and SPE cartridge)4 Microbiological medias5 Reference microorganism6 Reference standard form USP, sigma/Merck or

equivalent for Food quality control laboratory

7 Laboratory SuppliesPart 2: Procure for Medicine quality Control Laboratory

1 Laboratory Instruments / apparatus/ Equipments

2 Laboratory Chemicals3 HPLC COLUMNS

4 Microbiological medias5 Reference Standards (USP/CRS/BPCRS) or

Equivalent

6 Laboratory Supplies

7 Buffere Solutions

8 Pharmacopeias and Reference books

1. Evaluation will be on item bases.2. Bidders should submit their proposal





Separetly for technical and financial.3. Bidders should quote their technical and financialoffer for part 1 and part 2 separately, LOT byLOT.they shoud not mix one lot with another lot andthey should not mix the items in part 1 with part 2items.

ITB 4.1(a) The individuals or firms in a joint venture, consortium or association jointly andseverally liable.

ITB 4.6(b)(ii) Domestic Bidders shall provide VAT registration certificate issued by the taxauthority in case of contract value of ETB 100,000.00 (Birr one hundred thousand)and above.

ITB 4.6(b)(iv) Relevant professional practicecertificate shall be.

ITB 4.8 A Bidder shall amend the evidence of its continued eligibility with the followingdocuments:

Valid business license (2010 or 2011 E.C) indicating thestream of business in which the Bidder is engaged,

Valid Tax clearance certificate issued by the taxauthority, VAT, Suppliers list certificate (domesticBidders only);

Audit report for the past two (2) years Other documents as stated in the BDS Manufacturing Authorization letter ISO Certificate or equivalent Written power of attorney of the signatory of the bid to

commit the bidder. Signed and stamped Anti bribery pelage form Foreign bidders must as appropriate submit business

organization registration certificate or trade license issued bythe country of establishment

ITB 5.6 The Bidder shall be required to include with its bid, original and genuineManufacturing Authorization letter directly from the Manufacturer of theGoods, that it has been duly authorized to supply, in Ethiopia, the Goods indicated





in its bid.

B. Bidding DocumentsITB 7.1 and

9.4For questions and/or clarification purposes only, the Public Body’s address is:

Public Body: Food, Medicine and HealthcareAdministration and Control Authority ofEthiopia (EFMHACA).

Attention: Mr. Tadesse Mmuye or Abayneh AlemayehuFloor/Room number: 1st Floor, Office No. 30P.O. Box: 5681Street Address: Africa Avenue,Bole RoadTown/City: Addis AbabaPost Code:Country: EthiopiaTelephone: +251 11 5524122/251118697499Facsimile: +251 115521392E-mail address [email protected]

[email protected]

ITB 7.1 and9.4

The deadline for submission of questions and/or clarifications is:

Date: upto 21th day, 2018 starting from the date advertisement for invitation

Time: 8:30- 5:30 pm (2:30-11:30 local time).C. Preparation of Bids

ITB 12.5 The Incoterms edition is: 2010.

ITB12.6(iii)

Bidders be required to quote the FOB, C&F,CIF and CIP Price, inaccordance with the instruction of the bid document section 4(B) PriceSchedule for Goods and Related Services, the buyer for his convenienthas the right to choose one of the above mentioned INCOTERMS forPrice comparison purpose. (If the buyer chooses CIP INCOTERM thedelivery place shall be at the primices of each site described in theschedule of requirement).N.B. If bidders do not quote their price with the form the public bodyprepared in section 4,it is sufficient ground to reject its bid

ITB 12.8 Prices quoted for each item of a lot shall correspond to twenty five percent

(25%) of the quantities specified.if the bider quotes below 25% ,its bid will be

rejected

ITB 13.1 For Goods and Related Services that the Bidder will supply from inside Ethiopia the





prices shall be quoted in ETB.ITB 14.1 Bidder must provide in the Bidder Certification of Compliance Form information

related to its professional qualification and capability for the current and the previousthree (3) years in order to proof its professional capacity.

ITB 15.2(b) As a proof of the bidder's financial standing the following documents need to befurnished:

a). Financial statements certified by an independent auditor for the past three (3)years;

(b). Other documentes as stated in the BDS

ITB 16.3 Bidder must submit at least two Certificates of satisfactory execution of contractsprovided by contracting parties to the contracts successfully completed in the courseof the past five (5) years with a budget of at least USD 500,000.00 or Equivalents

ITB 16.7 The Public Body shall undertake physical checking of current Bidder's technicalqualifications and competence.

ITB 17.1 Bidder shall furnish as part of its bid the following documentary technical evidence:

(a) Name & Address of the Supplier and Agent

(b) Power of Attorney.

(c) Business license indicating the stream of business in which Valid the

Bidder is engaged,

(d) VAT registration certificate issued by the tax authority,TIN,Suppliers

list (only domestic Bidders in case of contract value as specified in BDS),

(e) Valid Tax clearance certificate for 2009 E.C issued by the tax authority

(domestic Bidders only)

(f) ISO, DIN, ANSI, IEC, IEEE certificate or equivalent.

(g) Copies of original document defining the constitutional or legal status,

place of registration and principal place of business.

(h) In case of joint venture, document evidence about past experience, Joint

venture, agreement document, if applicable.

(i) Certification of Warranty, original

(j) Manufacturer Authorization, original catalogue and Brochure.

(k) Past experience- 3years

(l) Workshop facility

(m) Tools & Manuals

Otherwise, it shall be sufficient reason for rejection.In this document forms such asBid form, Bid price schedule Operational Data, Bid security and others must be





completed with brief description of the goods country of origin, quantity and prices.

ITB 18.1 Samples of the quoted products shall not be requested.

ITB 20.1 Alternative/optional Bids shall not be considered.If quoted it is sufficient to rejectthe bid

ITB 20.4 If alternative bids are permitted under BDS Clause 20.1 they must meet thefollowing criteria: N/A

ITB 21.1 The bid validity period shall be: 90 calendar days.

ITB 22.1 A bid security shall be required in the form of unconditional Bank Guaranteeand/ or CPO and/ or Cash and/ or CHECK in ETB or equivalent amountforeign currency 1.5 % of their total biding price.If biders submit their bid security in ETB,they shoud submit Exchangerate slip from the bank and its date.

ITB 24.1 In addition to the two originals (one for technical and one for financial) indifferent envelopes, the number of copies required is: two copies (one for technicaland one for financial) in different envelopes.

N.B: The bidder must submit its technical & financial proposal in separateenvelop and enclosed in one big envlope. Failure to do so is sufficient ground forrejection of its bid

ITB 24.1 Bidders required submitting bid documents in two envelopes containing thetechnical and financial proposals separately.

Technical OfferThe Bidder shall prepare and submit one original and one copy for technical. Thetechnical part of the bid clearly marking each as Original & Copy. In the event ofany Discrepancy between them, the Original shall govern. Bidders shall Not indicatetheir price in their offer. The inclusion of any information in Technical offer that canindicate the price directly or indirectly may result in the rejection of the offer.

Financial OfferThe Bidder shall prepare and submit one original and one copy for financial.The Financial offer (Bid price Schedule) in separately sealed envelopes, clearly

marking each as Original & Copy.

BID GuaranteeThe Bidder shall submit the BID BOND/Guarantee in a separate/third/envelope clearly marking it bid gargantee.

The three envelopes shall then be enclosed inside one big envelope, all





together, and the bidder shall seal and mark the big envelope.

The original and the copies of the bid shall be typed or written in indelibleink and shall be stamped and signed by the Bidder or person or persons dulyauthorized to bind the bidder to the contract. All pages of the bid, except forprinted literature, shall be initialled and signed by the person or personssigning the bid.

Any interlineations erasures, or over writing shall be valid only if they areinitialled by the person or persons signing the bid N.B.

1. The Bidder shall provide Bid Submission Sheet in both Financial andTechnical document. But Bidders shall not indicate their price in theirtechnical offer. Otherwise shall be a ground for rejection.

2. The bidder must submit its technical & financial proposal inseparate envelop. Failure to do so is sufficient ground for rejectionof its bid.

D. Submission and Opening of BidsITB 26.1 For bid submission purposes only, the Public Body’s address is:

Public Body: Food,Medicine and Healthcare Administrationand control Authority of Ethiopia

Attention: M/r Tadesse Mamuye or M/r Abayneh Alemayehu

Floor/Room number: 1st or 2nd Floor, office number 31 or 28P.O. Box: 5681Street Address: Africa Avenue,Bole Road near to shoa

shoping centerTown/City: Addis AbabaPost Code:Country: Ethiopia

The deadline for bid submission is:

Date: On the 45th day starting from the first date of advertisement forinvitation on Ethiopian Herald News Letter (2018 G.C).

Time: 10:00 Am (4:00 local time)

ITB 29.1 The bid opening shall take place at:

Public Body: Food,Medicine and HealthcareAdministration and control Authority ofEthiopia

Floor/Room number: 3th floor ,EFMHACA conference hall





Street Address: Africa Avenue,Bole Road near to shoashoping center

Town/City: Addis AbabaPost Code:Country: EthiopiaDate: On the 45th day starting from the date of

advertisement for invitation on EthiopianHerald news paper, 2018.

Time: 10:30 AM (4:30 local time)E. Evaluation, and Comparison of Bids

ITB 34.2 Bidder has to confirm that he accepts the correction of the calculation error withinthe period of three (3) working days after receipt of the letter.

ITB 37.4(b) Bidder must provide in the Bidder Certification of Compliance Form informationabout two (2) major relevant contracts successfully completed in the course of thepast five (5) years.

ITB 37.5(c) The average annual turnover for the last three (3) business year of the Bidder mustexceed or equal the amount of the financial proposal of the Bid.

ITB 38.2 The currency that shall be used for bid evaluation and comparison purposes toconvert all bid prices expressed in various currencies into a single currency is:ETHIOPIAN BIRR (ETB), using the selling exchange rate established by theNational Bank/Commercial Bank of Ethiopia on the date of the Bid opening.

ITB 38.6 Multiple awards to one Bidder shall be permitted.

The evaluation methodology to determine the lowest-evaluated combination of lotsshall be detailed in Section 3 Evaluation Methodology and Criteria.

F. Award of ContractITB 44.1 The percentage by which quantities may be increased is: 20%

The percentage by which quantities may be decreased is: 20%

Part 1: Bidding Procedures Section 3: Evaluation and Qualification Criteria

SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Evaluation and Qualification Criteria Section III of IX Issued by:

Section 3. Evaluation Methodology and Criteria

Table of Contents

1. Professional, Technical, and Financial Qualification Criteria IV2. Determining the Successful Bid IV3. Domestic Preference VI4. Evaluation of Multiple Contracts VI5. Alternative Bids VI

Part 1: Bidding Procedures Section 4: Bidding Forms

SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Bidding Forms Section IV of IX Issued by:

This section, read in conjunction with Section 1, Instructions to Bidders and Section 2, Bid DataSheet, contains all the factors, methods and criteria that the Public Body shall use to evaluate abid and determine whether a bidder has the required qualifications. No other factors, methods orcriteria shall be used.

1. Professional, Technical, and Financial Qualification CriteriaThe following qualification criteria will be applied to Bidders. In the case of bids submitted by aconsortium, these qualification criteria will be applied to the consortium as a whole

1.1 Technical Qualifications, Competence, and Experience of the Bidder (ITB Clause 16)

(a). The Bidder has successfully completed at least two (2) contracts with a budget of atleast USD 500,000 that of this contract in the past five (5 years for similar goods andrelated service in the Federal Democratic Republic of Ethiopia or others similarcountries.

1.2 Financial Standing of the Bidder (ITB Clause 15)

(a). The average annual turnover calculated as total certified payments received forcontracts in progress or completed within the last 3 years must exceed or equal theamount of the financial proposal of the Bid;

2. Determining the Successful BidAccording to the methodology defined in the Public Procurement Proclamation and Directives thePublic Body shall select the successful bid by applying the following method:

A. The bid that is found to be substantially responsive to the professional, technical,and financial qualification requirements, technically compliant in relation to thetechnical specifications, and with the lowest price.Applicable

B. The bid that is found to be substantially responsive to the professional, technical, andfinancial qualification requirements, technically compliant in relation to the technicalspecifications, and with the lowest evaluated bid The lowest evaluated bid shall be the bidoffering better economic advantage ascertained on the basis of factors affecting theeconomic value of the bid.

A. The Bid with the Lowest Price2.1 The bids shall be examined to confirm that all documentary evidence establishing the

Bidders' qualifications requested in ITB Clause 23 have been provided;

2.2 After confirming the bids comprise all mandatory documentary evidence establishing theBidder's qualification the Public Body will rule on the legal, technical, professional, andfinancial admissibility of each bid, classifying it as compliant or non-compliant withqualification requirements set forth in the Bidding Document;

2.3 The Public Body will then analyze the bids' technical conformity in relation to the technicalspecifications, classifying them technically compliant or non-compliant.

2.4 The Public Body shall continue evaluation of bids that have been determined to besubstantially responsive with rectification of nonconformities and omissions in bids, if any.

2.5 The Public Body shall examine all bids to ascertain whether there are any arithmetic errorsin computation and summation. The Public Body shall notify bidders on adjustedcalculation errors and request bidders to confirm that they accept the correction of thecalculation error within the time limit of three days from the receiving of the notification.


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Bidding Forms Section V of IX Issued by:

2.6 -After evaluation of legal, professional, technical, and financial admissibility of bids thePublic Body shall award of the contract the bidder whose bid has been determined to besubstantially responsive to the Bidding Documents and with the lowest price.

B. Determining the Lowest Evaluated Bid Offering the Best Economic Advantage2.7 Provided all mandatory legal, professional, technical, and financial requirements have been

met all technically compliant Bids shall be evaluated and scored using the two-stage bidevaluation and scoring method. In accordance with ITB Clause 38.4(f), the Public Body'sevaluation of the Bid will take into account, in addition to the bid price, the followingadditional evaluation criteria in order of their importance and their proportional weight inthe total system of evaluation, as specified below:Not applicable

(a). The additional evaluation criteria and their weighting factor that indicate their level ofimportance are determined, as follows: Not applicable

Priority Name of criteria Proportional value in %1. Criterion I2. Criterion II3. Criterion III4. Criterion IVI Total Additional Criteria (1+2+3+4)II Bid PriceIII Sum Total (I+II) 100

(b). The Public Body will evaluate any additional criterion using the following scoringscale: Not applicable

SCORING DESCRIPTION

10 Excellent Exceeds the requirements of the criteria significantly and in beneficial ways/verydesirable

9 Very Good Exceeds the requirements of the criteria in ways which are beneficial to our needs

7-8 Good Fully meets the requirement of the criteria

5-6 Average Adequately meets most of the requirements of the criteria. May be lacking insome areas that are not critical.

3-4 Poor Addresses all of the requirements of the criterion to the minimum acceptablelevel.

1-2 Very Poor Minimally addresses some, but not all, of the requirements of the criteria orlacking in critical areas.

0 Unsatisfactory Does not satisfy the requirements of the criteria in any manner.

2.8 Individual weighted scores for all technical criteria shall be weighted according to the setproportional weighting factors. The weighted result shall be calculated by multiplying thescore by the proportional weighting factor of the individual criterion. The total score for theBid determined through this method will be the basis for ranking Bids. Not applicable

2.9 Where two bidders get equal merit points in the evaluation, preference shall be given tolocal products or services.Not applicable

2.10 The Public Body may require bidders scoring equal merit points in the evaluation to submitfurther proposals on certain aspects of the bid with a view to identifying the successfulbidder. Not applicable


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Bidding Forms Section VI of IX Issued by:

2.11 Where by reason of the bidders scoring equal merit points not submitting final proposalsthey are invited to submit, or by reason of the evaluation result of the final proposalssubmitted by the bidders being still equal, the successful bidder can not be singled out, thesuccessful bidder shall be determined by casting lot in the presence, as far as possible, ofthe bidders concerned.Not applicable

3. Domestic PreferenceIf the ITB Clause 35 so specifies, the Public Body will grant a margin of preference to goodsmanufactured in the Federal democratic Republic of Ethiopia for the purpose of bid comparison,in accordance with the procedures outlined in subsequent paragraphs Responsive Bids shall beclassified into the following groups:

(a). Group A: Bids offering locally produced Goods meeting the criteria of ITB Sub-Clause 35.3; and

(b). Group B: all other Bids.For the purpose of further evaluation and comparison of Bids only, an amount equal to 15%percent of the evaluated Bid prices determined in accordance with ITB Sub-Clause 35.3 shall beadded to all Bids classified in Group B.

4. Evaluation of Multiple ContractsSince in accordance with ITB Sub-Clause 38.6 the Public Body be allowed to award one ormultiple lots to more than one Bidder, the following methodology shall be used for award ofmultiple contracts:To determine the lowest-evaluated lot combinations, the Public Body shall:

(a). Evaluate only lots or contracts that include at least the percentages of items per lotand quantity per item as specified in ITB 12.8;

(b). Take into account:(i) The lowest-evaluated bid for each lot that meets the requirement of evaluation

criteria;(ii) The price reduction per lot and the methodology for their application as offered

by the Bidder in its bid; and(iii) The contract-award sequence that provides the optimum economic combination,

taking into account any limitations due to constraints in supply or executioncapacity.

5. Alternative Bids

Alternative Bids, if permitted under BDS Clause 20.1, will be evaluated as follows: Notapplicable


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Bidding Forms Section VII of IX Issued by:

Section 4. Bidding Forms

Table of Contents

A. Bid Submission Sheet 1

B. Price Schedule for Goods and Related Services 4

C. Bidder Certification of Compliance 51. General Information About the Bidder 52. Financial Standing 53. Technical Qualifications, Competence, and Experience in the Procurement Object 64. Professional Qualifications and Capabilities 7

Quality Assurance / 75. Managerial and Control Procedures 76. Equipment and Facilities 77. Bidder Audit Agency 78. Organization of Firm 79. Bank Account Number and Bank Address 7

D. Form - Data on Joint Venture/Consortium 9

E. Bid Security 10

F. Manufacturer’s Authorization 11


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Bidding Forms Page 1 of 11 Issued by:

A. Bid Submission SheetPlace and DateProcurement Reference Number: EFMHACA/FSD/ICB//002/2018/2011

To:

Addis AbabaEthiopia

SUBMITTED BY1:

Complete Name and Address of the Seat of theBidder Nationality2

Leader3

Member

Etc …

In response to your Bidding Document for the above Procurement Number:, we, the undersigned,hereby declare that:(a) We have examined and accept in full the content of the Bidding Document for the,

Procurement Number: We hereby accept its provisions in their entirety, without reservationor restriction.

(b) We offer to supply in conformity with the Bidding Documents and in accordance with thedelivery schedule specified in the Statement of Requirements the following Goods andRelated Services: ;

(c) Warranty period for offered Goods and Related Services is .(d) The total price of our Bid, excluding any discounts offered in item (d) below is: ;(e) The discounts offered and the methodology for their application are:

Unconditional Discounts: If our bid is accepted, the following discounts shall apply. .Methodology of Application of the Discounts: The discounts shall be applied using thefollowing method: ;Conditional Discounts: If our bid(s) are accepted, the following discounts shall apply. .Methodology of Application of the Discounts: The discounts shall be applied using thefollowing method: ;

(f) Our bid shall be valid for a period of days from the date fixed for the bid submissiondeadline in accordance with the Bidding Documents, and it shall remain binding upon us andmay be accepted at any time before expiry of that period;

1 One signed original Bid Submission Form signed by each legal entity making the Bid must be supplied together withthe number of copies specified in the Instruction to Bidders.2 Country in which the legal entity is registered.3 Add/delete additional lines for members as appropriate. Note that a subcontractor is not considered to be a memberfor the purposes of this bidding procedure. If this bid is being submitted by an individual bidder, the name of the biddershould be entered as "leader" and all other lines should be deleted.



(g) The prices in this bid have been arrived at independently, without, for the purpose ofrestricting competition, any consultation, communication, or agreement with any otherbidder or competitor relating to:i. Those prices;ii. The intention to submit a bid; oriii. The methods or factors used to calculate the prices offered.

(h) The prices in this bid have not been and will not be knowingly disclosed by the , directly orindirectly, to any other bidder or competitor before bid opening.

(i) We, including any subcontractors for any part of the contract resulting from this procurementprocess, are eligible to participate in public procurement in accordance with ITB Clause 4.1and have not been debarred by a decision of the Public Procurement and PropertyAdministration Agency from participating in public procurements for breach of ourobligation under previous contract ;

(j) We are not insolvent, in receivership, bankrupt or being wound up, not have had ourbusiness activities suspended and not be the subject of legal proceedings for any of theforegoing;

(k) We have fulfilled our obligations to pay taxes according to Ethiopian Tax laws(l) We have read and understood the provisions on fraud and corruption in GCC Clause 5 and

confirm and assure to the Public Body that we will not engage ourselves into these evilpractices during the procurement process and the execution of any resulting contract;

(m) We have not committed an act of embezzlement, fraud or connivance with other bidders.(n) We have not given or have been offered to give inducement or bribe to an official or

procurement staff of the to influence the result of the bid in our favor.(o) We are not participating, as Bidders, in more than one bid in this bidding process, other than

alternative bids in accordance with the Bidding Document;(p) We do not have any conflict of interest and have not participated in the preparation of the

original Statement of Requirements for the Public Body;(q) If our bid is accepted, we commit to submit a performance security in accordance with the

GCC Clause 47 of the Bidding Documents, in the amount of for the due performance of theContract;

(r) We, including any subcontractors or suppliers for any part of the Contract, have nationalitiesfrom eligible countries ];

(s) Offered Goods and Related Services do not originate in a country in respect of which theGovernment of the Federal Democratic Republic of Ethiopia has imposed trade ban;

(t) Offered Goods and Related Services do not originate in a country under trade embargo of theSecurity Counsel of the United Nations in which transacting with any business organizationor individual who is the national of that country is prohibited;

(u) We will inform the immediately if there is any change in the above circumstances at anystage during the implementation of the contract. We also fully recognize and accept that anyinaccurate or incomplete information deliberately provided in this bid may result in ourexclusion from this and other contracts funded by the Government of the Federal DemocraticRepublic of Ethiopia.

(v) We understand that this bid, together with your written acceptance thereof included in yournotification of award, shall not constitute a binding contract between us, until a formalcontract is prepared and executed.



(w) We understand that you reserve the right to reject any or all bids that you may receive.NameIn the capacity of .

Signed

Duly authorized to sign the bid for and on behalf of .

Dated on [insert day] day of ], 20Attachments:1. Valid trade license indicating the stream of business in which the is engaged;2. VAT registration certificate issued by the tax authority ;3. A valid tax clearance certificate issued by the tax authority ;4. Business organization registration certificate or trade license issued by the country of

establishment ;5. Relevant professional practice certificates.6. Bid Security; and7. Other documents requested by the Public Body.



B. Price Schedule for Goods and Related Services4

Place and DateProcurement Reference No.: EFMHACA/FSD/ICB/002/2018/2011Alternative No.:To:

Addis Ababa

ItemNo.5

Description of Goods orRelated Services6

Country ofOrigin

Unit ofQty Qty Unit Price

FOBCost of

Carriage7

Cost ofMarine

Insurance8

Cost of InlandTransport

CustomDuties and

Taxes9

Unit Price6+7+8+9+10

Total Price(5x11)

1 2 3 4 5 6 7 8 9 10 11 12

Bid Price inLocal Inputs to be Used Ethiopia Unit Qty Unit Price Total Price

4 Fill data into table columns as appropriate.5 Insert Item Number from Technical Offer, Column 1, Section 6, Statement of Requirements.6 Insert description of the Goods and Related Services from Technical Offer, Column 2, Section 6, Statement of Requirements.7 Sea transport for every import should be done by the country's flag carrier, Ethiopian Shipping Lines Share Company. If not possible, appropriate waiver must be acquired.8 All imports should use Ethiopian Insurance Companies to cover marine insurance. If not possible, appropriate waiver must be acquired.9 Importers to Ethiopia are required to pay Import (Customs) duty, Withholding Tax (a fixed rate of 2%), Excise Tax (if applicable), VAT (a fixed rate of 15%) and Surtax (a fixedrate of 10%).N.B. If bidders do not use this for, it is sufficient ground for rejectionbid document section 4(B) Price Schedule for Goods and Related Services, the buyer for his convenient has

the right to choose one of the above mentioned INCOTERMS for Price comparison purpose. (If the buyer

chooses CIP INCOTERM the delivery place shall be at the premises of EFMHACA described in the schedule of requirment).

N.B. If bidders do not use this for, it is sufficient ground for rejection

Bidders should include all other costs (if any) eg. Bank, cost of packaging should include in the above format on item basis.



Bid Price in ETBNameIn the capacity ofSignedDuly authorized to sign the bid for and on behalf of Dated on [insert day] day of ], 20



C. Bidder Certification of Compliance10

Place and DateProcurement Reference Number: EFMHACA/FSD/ICB/002/2018/2011To:

Addis AbabaEthiopia

1. General Information About the Bidder

Bidder’s Legal Name:

In case of Joint Venture,legal name of each party:

Place of Registration:

Legal Address in Country ofRegistration:

Authorized RepresentativeInformation

Name:Position:Address:Telephone/Fax:E-mail address:

Attached copies of originaldocuments of:

In case of JV, letter of intent to form JV including a draftagreement, or agreement governing formation of JV, inaccordance with ITB Sub-Clause 4.1Form Data on Joint VenturesIn case of government owned entity from the Public Body’scountry, documents establishing legal and financialautonomy and compliance with the principles of commerciallaw, in accordance with ITB Sub-Clause 4.4.

We have attached an official written statement by a power of attorney (or notary statement, etc.)proving that the above person, who signed the bid on behalf of the company/jointventure/consortium, is duly authorized to do so.

2. Financial Standinghas adequate financial resources to manage this Contract as established by our financial

statements, audited by an independent auditor, submitted in this Bid. The following table contains

10 One signed original Bidder Certification of Compliance Form must be supplied together with the number of copiesspecified in the Instruction to Bidders. If this bid is being submitted by a joint venture/consortium, the data in the tablesbelow must be the sum of the data provided by the joint venture/consortium members.



our financial data. These data are based on our annual audited accounts. Figures in all columnshave been provided on the same basis to allow a direct, year-on-year comparison to be made.

FINANCIAL DATAHistoric Information for Previous Years

inYear 2 Year 1 Last Year Current Year Average

A. Information from Balance Sheet1.Total Assets2. Total LiabilitiesI. Net Value (1-2)3. Current Assets4. Short-term debtsII. Working Capital (3-4)B. Information from Income Statement1. Total Revenue2. Pre-tax Profits3. Losses

Along with financial data we provided above we have attached the following documents as proofof our financial standing, as required in the BDS:

(a).(b). .

Attached documents comply with the following conditions: Documents reflect the financial situation of the Bidder or partner to a Joint Venture, and not

sister or parent companies; Historic financial statements are audited by a certified accountant; Historic financial statements are complete, including all notes to the financial statements; Historic financial statements correspond to accounting periods already completed and audited.

Annual Turnover DataYear Amount and Currency

Average AnnualTurnover*

*Average annual turnover calculated as total certified payments received for contracts in progressor completed over the number of years specified in Section 3, Evaluation and QualificationCriteria, Sub-Factor 1.3(a), divided by that same number of years.

3. Technical Qualifications, Competence, and Experience in the ProcurementObject

As proof of the technical and professional ability in selling and servicing the Goods and RelatedServices listed in our Bid the tables below summarizes the major relevant contracts successfullycompleted in the course of the past years with a budget of .Each partner of a Joint Venture should separately provide details of its own relevant contracts..

Name of Bidder or partner in a Joint Venture:1. Name of Contract



Name of Bidder or partner in a Joint Venture:Country

2. Name of clientAddress of clientName of contact personFunction of contact personTelephone numberE-mail address

4.Nature of Goods and Related Services relevant tothe contract for which the Bidding Documents areissued

5. Contract role (check one)Prime Contractor:Subcontractor;Partner in a Joint Venture

6. Overall supply value in7. Date of award/completion8. Final acceptance issued (check one) Yes: Not Yet No:9. Number of staff provided

10

Indicate the approximate percent of total contractvalue of Goods and Related Services undertaken bysubcontract, if any, and the nature of such Non-Consultancy services

11 Other relevant information

The Clients' Certificate concerning the satisfactory execution of contract is attached to thisdocument

4. Professional Qualifications and CapabilitiesIn order to proof our professional qualifications and capability the following table containspersonnel statistics for the current and the two previous years.

Averagemanpower

Year before last Last year This year

OverallSpecialists in

TechnicalArea


TechnicalArea


TechnicalArea

PermanentTemporaryTOTAL

5. Quality Assurance / Managerial and Control Procedures6. Equipment and Facilities7. Bidder Audit Agency8. Organization of Firm9. Bank Account Number and Bank AddressThe bank account into which payment should be made is the following:

Name



In the capacity of .

Signed


Dated on [insert day] day of ], 20Attachments:1. Statement issued by a power of attorney authorizing the signatory of the Bid;2. Audited financial statements;3. Documents required as proof of the bidder's financial standing, as required in the BDS.4. Certificates of satisfactory execution of contracts provided by contracting parties to the

contracts successfully completed in the course of the past years, as required in the BDS.



D. Form - Data on Joint Venture/ConsortiumDate:Procurement Reference Number: EFMHACA/FSD/ICB/002/2018/2011Alternative No:

1. Name of JointVenture/Consortium

2.

Managing Board's AddressP.O. Box:Street Address:

Town/City:Post Code:Country:Telephone:Facsimile:E-mail address

3.

Agency in the Federal Democratic Republic of Ethiopia, if any (in the case of a jointventure/consortium with a foreign lead member)P.O. Box:Street Address:Town/City:Post Code:Telephone:Facsimile:E-mail address

4.

Names of MembersMember 1Member 2Etc.

5. Name of Lead member

6.Agreement governing the formation of the joint venture/consortiumDate of signaturePlace

7.

Proposed proportion ofresponsibilities between members (in%) with indication of the type of theworks to be performed by each

NameIn the capacity of .SignedDuly authorized to sign the bid for and on behalf of .Dated on [insert day] day of ], 20



E. Bid Security

Date:Procurement Reference Number:Alternative No:To:Whereas (hereinafter “the Bidder”) has submitted its bid dated for Procurement referenceNumber for the supply of , hereinafter called “the Bid.”

KNOW ALL PEOPLE by these presents that WE , of having our registered office at (hereinafter“the Guarantor”), are bound unto (hereinafter “the Public Body”) in the sum of , for whichpayment well and truly to be made to the aforementioned Public Body, the Guarantor binds itself,its successors or assignees by these presents. Sealed with the Common Seal of this Guarantorthis ] day of , .THE CONDITIONS of this obligation are the following:1. If the Bidder withdraws its bid during the period of bid validity specified by the Bidder in

the Bid Submission Sheet, except as provided in ITB Sub-Clause 21.2; or2. If the Bidder, having been notified of the acceptance of its bid by the Public Body, during

the period of bid validity, fails or refuses to:(a) Execute the Contract; or(b) Furnish the Performance Security, in accordance with the ITB Clause 47; or

We undertake to pay the Public Body up to the above amount upon receipt of its first writtendemand, without the Public Body having to substantiate its demand, provided that in its demandthe Public Body states that the amount claimed by it is due to it, owing to the occurrence of oneor more of the above conditions, specifying the occurred conditions.This security shall remain in force up to and including twenty-eight (28) days after the period ofbid validity, and any demand in respect thereof should be received by the Guarantor no later thanthe above date.Name:In the capacity ofSigned:Duly authorized to sign the bid for and on behalf of:Dated on [insert day] day of ], 20



F. Manufacturer’s AuthorizationDate: .Procurement Reference Number:Alternative No:

To:

WHEREAS , who are official manufacturers of , having factories at , do hereby authorize tosubmit a bid in relation to the Invitation for Bids indicated above, the purpose of which is toprovide the following Goods, manufactured by us , and to subsequently negotiate and sign theContract.

We hereby extend our full guarantee and warranty in accordance with Clause 23 of the GeneralConditions of Contract, with respect to the Goods offered by the above firm in reply to thisInvitation for Bids.

Name:In the capacity of

Signed:

Dated on [insert day] day of ], 20

Part 1: Bidding Procedures Section 5: Eligible Countries

SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Eligible Countries Section V of IX Issued by:

Section 5. Eligible Countries

A. Eligible Countries

Procurement Reference Number:

All countries are eligible except countries subject to the following provisions.

A country shall not be eligible if:

(c). As a matter of law or official regulation, the Government of the Federal DemocraticRepublic of Ethiopia prohibits commercial relations with that country, provided that theGovernment of the Federal Democratic Republic of Ethiopia is satisfied that suchexclusion does not preclude effective competition for the provision of goods or relatedservices required; or

(d). By an act of compliance with a decision of the United Nations Security Council takenunder Chapter VII of the Charter of the United Nations, the Government of the FederalDemocratic Republic of Ethiopia prohibits any import of Goods from that country or anypayments to persons or entities in that country.

Part 2: Statement of Requirements Section 6: Statement of Requirements

SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Statement of Requirements Section VI of IX Issued by:

Part 2 Statement of RequirementSection 6. Statement of Requirements

Table of Contents

A. Technical Specification - General Note 1

B. Technical Specification + Technical Offer + Compliance Sheet 1

C. Non-Technical and Non-Financial Requirements 41. Supply of the Goods 42. Maintenance & Repair 43. Spare Parts and/or Supplies 44. Documents / Samples 45. Other Requirements 4

D. Delivery and Completion Schedule 5

E. Drawings 6


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Statement of Requirements Page 1 of 5 Issued by:

A. Technical Specification - General Note

The Technical Specifications describe the minimum requirements for the Goods and RelatedServices to be supplied and shall be read in conjunction with the other documents forming theContract. Any ambiguity between the documents forming the Contract shall be referred to thePublic Body for clarification in accordance with the provisions of the Contract.

The technical specification and requirement is attached

The delivery time requirement for all lots should be 45-90 days afteropening of Letter of CreditB. Technical Specification + Technical Offer + Compliance Sheet

Place and DateProcurement Reference No.:Alternative No.:

To:

Addis AbabaEthiopia

A. The Bidders are requested to complete the template, as follows: The second column shows the requested specifications (not to be modified by the

Bidder). The fifth column to be filled in by the Bidder shows what is offered (the words

“compliant” or “yes” are not sufficient). The sixth column allows the Bidder to state whether the offered items "comply" or do

"not comply" giving details of the areas of non-compliance and to make remarks on hisproposed equipment and to indicate references to the documentation supplied.

The seventh column is to be left empty for the evaluator's remarks.B. The Bidder is required to furnish as part of its Bid the statement of deviations and exceptions

to the provisions of the Statement of Requirement, if applicable.C. The Bidder may offer other standards of quality, brand names, and/or catalogue numbers,

provided that it demonstrates, to the Public Body’s satisfaction, that the substitutions ensuresubstantial equivalence or are superior to those specified in the Statement of Requirement.

D. The Bidder must submit a description of the organization of the warranty offered, whichmust be in accordance with the conditions laid down in GCC Clause 23.

E. The documentation supplied should indicate (highlight, mark) the models selected and theoptions included, if any, so that the evaluators can see the exact configuration.

F. All equipment offered must be international brand names; not self assembled by a supplier.



G. The Bidder must be clear enough to allow the evaluators to make an easy comparisonbetween the requested specifications and the offered specifications. Bids that do not permit toidentify precisely the models and the specifications may be rejected by the evaluationcommittee.



ItemNo.

Minimum TechnicalRequirements

Including ApplicableStandards

Unit ofMeasure Quantity Specification

Offered

Bidder's Remarkon Compliance of

SpecificationOffered

Evaluator'sRemark on

SpecificationOffered

1 2 3 4 5 6 7

NameIn the capacity of .

Signed


Dated on [insert day] day of ], 20Attachments:1. Descriptive technical literature in accordance with ITB Clause 17, (if required in BDS);2. Description of the organization of the warranty offered in accordance with the conditions laid

down in GCC Clause 23;3. Manufacturer Authorization Letter in accordance with ITB Clause 5.6.



C. Non-Technical and Non-Financial Requirements

1. Supply of the Goods All goods shall meet relevant standards set by Ethiopian Quality and Standard Authority,

International Standards (DIN, ISO, AISI, etc), and shall have the Manufacturer/Licensed Distributor Authorization Letter.

All goods shall comply with all safety requirements applicable on the date of delivery. The goods supplied under this contract must be new, unused, of the most recent or

current models and incorporate all recent improvements in design and materials. All goods belonging to a specific LOT has to be delivered together. No partial delivery

will be allowed. All electrical equipment should be supplied with connecting devices, power cords and

plugs as per standards of Ethiopia, should be compliant with local power supply(220±10V AC, 50Hz) and capable of performance in the climatic conditions prevalent inthe sites of destination.

2. Maintenance & Repair The availability of reputed & experienced local technical representation and/or properly

staffed and equipped service workshop is a must, and has to be named and described inthe technical offer.

3. Spare Parts and/or Supplies The supplying contractor undertakes to insure local availability in Ethiopia of special

and commonly required spare parts for the equipment supplied by him. This is to insurefast repair and replacement by the authorized provider during the warranty period.

4. Documents / Samples Operation manual in to be submitted with each unit. Service manual in to be submitted for each unit.

5. Other Requirements



D. Delivery and Completion SchedulePlace and DateProcurement Reference No.:Alternative No.:

To:

Addis AbabaEthiopia

ItemNo.

Description ofGoods or

Related ServiceUnit of Measure Qty

Delivery /Completion period

(days/weeks/months)Delivery Location/Site

1 2 3 4 5 61234

NameIn the capacity of .

Signed


Dated on [insert day] day of ], 20



E. DrawingsProcurement Reference Number:

List of related Drawings

Drawing Number Drawing Name Purpose

Part 3: Contract Section 7: General Conditions of Contract

SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: General Conditions of Contract Section VII of IX Issued by:

Part 3 ContractSection 7. General Conditions of Contract

Table of Clauses

A. General Provisions 11. Definitions 12. Appointment 33. Relationship of the Parties 34. Due Diligence 35. Fraud and Corruption 46. Interpretation 5

B. The Contract 67. Contract Documents 68. Governing Law 69. Language 610. Notices and written communications 711. Authorized Officers 712. Assignment 713. Subcontracting 814. Modifications and Contract Amendments 815. Change in Laws and Regulations 916. Taxes and Duties 1017. Force Majeure 1018. Breach of Contract 1119. Suspension of Assignment 1120. Termination 1121. Arrangements on Termination 1422. Cessation of Rights and Obligations 1423. Warranty 1424. Settlement of Disputes 1525. Liquidated Damages 1626. Confidentiality 1627. Copyright 1828. Miscellaneous 18

C. Obligations of the Public Body 1829. Provision of Assistance 19


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: General Conditions of Contract Section VII of IX Issued by:

D. Payment 1930. Contract Price 1931. Price Adjustments 1932. Mode of Billing and Terms of Payment 1933. Forms 21

E. Obligations of the Supplier 2134. Supplier’s Responsibilities 2135. Joint Venture, Consortium or Association 2136. Eligibility 2137. Code of Conduct 2238. Conflict of Interests 2339. Patent Indemnity 2340. Limitation of Liability 2441. Intellectual Property 2442. Insurance 2543. Product Information 2544. Accounting, Inspection and Auditing 2645. Data Protection 2646. Review 2747. Performance Security 27

F. Performance of the Contract 2748. Scope of Supply 2749. Specifications and Standards 2850. Delivery 2851. Packing, Marking, and Documents 2952. Identification of Goods 2953. Containers and Pallets 3054. Property and Risk 3055. Tools etc. 3056. Quality 3057. Inspections and Tests 3158. Rejection of Goods 3259. Extensions of Time 3260. Performance Measurement 33


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: General Conditions of Contract Page 1 of 29 Issued by:

Section 7 General Conditions of ContractA. General Provisions

1. Definitions

1.1.1.1.1 The headings and titles of these General Conditions of Contract shall not limit, alter oraffect the meaning of the Contract.

1.1.1.1.2 The following words and expressions shall have the meanings hereby assigned to them:

1.1.1.1.2.1 "AuthorizedOfficer"

means a person designated as such by the Public Body from time totime as notified in writing to the Supplier to act as the representativeof the Public Body for all purposes connected with the Contract,including any authorized representative of such person;

1.1.1.1.2.2 "Bankrupt" means with respect to any entity, such entity (i) files a petition orotherwise commences, authorizes or acquiesces in thecommencement of a proceeding or cause of action under anybankruptcy, insolvency, reorganization or similar law, or has anysuch petition filed or commenced against it, (ii) makes anassignment or any general arrangement for the benefit of creditors,(iii) otherwise becomes bankrupt or insolvent (however evidenced),(iv) has a liquidator, administrator, receiver, trustee, conservator orsimilar official appointed with respect to it or any substantial portionof its property or assets, or (v) is generally unable to pay its debts asthey fall due;

1.1.1.1.2.3 "Completion"

means the fulfilment of the Contract by the Supplier in accordancewith the terms and conditions set forth in the Contract;

1.1.1.1.2.4 "ContractDocuments"

means the documents listed in the GCC, including all attachments,appendices, and all documents incorporated by reference therein,and shall include any amendments thereto;

1.1.1.1.2.5 "ContractManager"

means a person designated as such by the Supplier from time to timeas notified in writing to the Public Body to act as the duly authorizedrepresentative of the Supplier for all purposes connected with theContract, including any authorized representative of such person;

1.1.1.1.2.6 "ContractPrice"

means the money payable by the Public Body to the Supplier basedon the Contract Agreement and shall include all royalties, licensefees or similar expenses in respect of the making, use or exercise bythe Supplier of any Intellectual Property or Intellectual PropertyRights for the purpose of performing the Contract;

1.1.1.1.2.7 "Contract" means the binding Contract Agreement entered into between thePublic Body and the Supplier, comprising Contract Documentsreferred to therein, including all attachments, appendices, and alldocuments incorporated by reference therein,

1.1.1.1.2.8 "Day" means calendar day;

1.1.1.1.2.9 "Delivery" means the transfer of the Goods from the Supplier to the PublicBody in accordance with the terms and conditions set forth in theContract;

1.1.1.1.2.10 "Eligible means the countries and territories eligible as listed in Section 5 of



Countries" the Bidding Document;

1.1.1.1.2.11 "GeneralConditions ofContract"

hereinafter referred to as “GCC”, means the conditions in thissection of the Contract, which shall govern the Contract, exceptwhere amended by the SCC or Contract Agreement;

1.1.1.1.2.12 "Good IndustryPractice"

means the exercise of that degree of skill, diligence and foresightwhich would reasonably and ordinarily be expected from a skilledand experienced supplier engaged in the provision of goods similarto the goods under the same or similar circumstances as thoseapplicable to the Contract and which are in accordance with anycodes of practice published by relevant trade associations;

1.1.1.1.2.13 "Goods" means raw material, products and equipment and commodities insolid, liquid or gaseous form, marketable software and live animalsas well as installation, transport, maintenance or similar obligationsrelated to supply of the goods if their value does not exceed that ofthe goods themselves; and “related services” includes services suchas transportation, commissioning, insurance, installation, training,and initial maintenance;

1.1.1.1.2.14 "Government" means the Government of the Federal Democratic Republic ofEthiopia;

1.1.1.1.2.15 "In writing" shall be interpreted to include any document which is recorded inmanuscript or typescript;

1.1.1.1.2.16 "Liquidateddamages"

means the compensation stated in the contract as being payable bySupplier to the Public Body for failure to perform the contract orpart thereof within the periods under the contract, or as payable byeither party to the other for any specific breach identified in thecontract;

1.1.1.1.2.17 "Location" means the location for the delivery of the Goods and RelatedServices as set out in the Contract or as otherwise agreed in writingbetween the Public Body and the Supplier;

1.1.1.1.2.18 "Party" means the Public Body or the Supplier and includes their permittedsuccessors and “Parties” means both of them;

1.1.1.1.2.19 "Public Body" means public body, which is partly or wholly financed by theFederal Government Budget, higher education institutions, andpublic institutions of like nature which has the powers and duties toconclude a Contract for the supply of Goods and Related Services,as specified in the SCC;

1.1.1.1.2.20 "Purchase Order" or acronym "PO" means an individual order for Goods and RelatedServices issued by Public Body pursuant to the terms, conditions,and pricing established in a Contract. Each individual PurchaseOrder is a binding contractual instrument and will refer andincorporate the terms and conditions of this Contract and specify thegoods to be supplied, delivery schedule, and price;

1.1.1.1.2.21 "Related Services" means the services incidental to the supply of the goods, such asinsurance, installation, training and initial maintenance and othersimilar obligations of the Supplier under the Contract;

1.1.1.1.2.22 "Special Conditionsof Contract"

hereinafter referred to as “SCC”, means the conditions attached tothe Contract Agreement, which shall govern the Contract and shallprevail over these General Conditions of Contract;



1.1.1.1.2.23 "Subcontractor" means any natural person, private or government entity, or acombination of the above, including its legal successors or permittedassigns, to whom any part of the Goods to be supplied or executionof any part of the Related Services is subcontracted by the Supplier;

1.1.1.1.2.24 "Supplier" Means a natural or juridical person under contract with a PublicBody to supply goods and related services.

1.1.1.2 Appointment

1.1.1.2.1 The Public Body appoints the Supplier to supply the Goods and Related Services:

1.1.1.2.1.1 Promptly (and in any event within any time targets as may be set out in theSection 6, Statement of Requirements) and in a professional and courteous manner so asto reflect and promote the image of the Public Body;

1.1.1.2.1.2 Strictly in accordance with the Statement of Requirements and all provisions ofthe Contract; and

1.1.1.2.1.3 In accordance with all applicable laws and regulations of the FederalDemocratic Republic of Ethiopia and Good Industry Practice; and

1.1.1.2.1.4 In accordance with the policies, rules, and procedures of the appropriateAuthority as amended from time to time.

1.1.1.2.1.5 In accordance with the quality standards set by the Quality and StandardsAuthority of Ethiopia (QSAE) and applicable international standards;

1.1.1.2.1.6 In accordance with the terms and conditions of appointment as provided in thisClause in consideration of the Contract Price.

1.1.1.3 Relationship of the Parties

1.1.1.3.1 The Supplier shall not incur any liabilities on behalf of the Public Body or enter into anycontract or obligation on behalf of the Public Body.

1.1.1.3.2 The Supplier shall be an independent contractor performing the Contract. The Contractdoes not create any agency, partnership, joint venture, or other joint relationshipbetween the parties to the Contract.

1.1.1.3.3 Subject to the provisions of the Contract, the Supplier shall be solely responsible for themanner in which the Contract is performed. All employees, representatives, orSubcontractors engaged by the Supplier in connection with the performance of theContract shall be under the complete control of the Supplier and shall not be deemed tobe employees of the Public Body, and nothing contained in the Contract or in anysubcontract awarded by the Supplier shall be construed to create any contractualrelationship between any such employees, representatives, or Subcontractors and thePublic Body.

1.1.1.4 Due Diligence

1.1.1.4.1 The Supplier acknowledges that it:

1.1.1.4.1.1 Has made and shall make its own enquiries to satisfy itself as to the accuracyand adequacy of any information supplied to it by or on behalf of the Public Body;



1.1.1.4.1.2 Has raised all relevant due diligence questions to the Public Body before theEffective Date; and

1.1.1.4.1.3 Has entered into this Contract in reliance on its own due diligence alone.

1.1.1.4.2 Any disputes relating to due diligence shall be resolved in accordance with theEthiopian Law.

1.1.1.5 Fraud and Corruption

1.1.1.5.1 It is the Government of the Federal Democratic Republic of Ethiopia’s policy to requirethat Public Body, as well as bidders/suppliers, to observe the highest standards of ethicsduring the procurement and the execution of contracts. In pursuance of this policy, theGovernment of the Federal Democratic Republic of Ethiopia represented by the PublicProcurement and Property Administration Agency (herein referred to as the Agency)requires that Contracting Authorities shall include in bidding documents, provisionsagainst corrupt practices.

1.1.1.5.2 The Agency defines, for the purposes of these provisions, the terms set forth below asfollows:

1.1.1.5.2.1 “Corrupt practice” is the offering, giving, receiving or soliciting, directly orindirectly, of any thing of value to influence the action of a public official in theprocurement process or in contract execution, and

1.1.1.5.2.2 “Fraudulent practice” is any act or omission, including misrepresentation thatknowingly or recklessly misleads, or attempts to mislead, a party to obtain financial orother benefit or to avoid an obligation.

1.1.1.5.2.3 “Collusive practices" is a scheme or arrangement between two or moreSuppliers, with or without the knowledge of the Public Body, designed to establishprices at artificial, non competitive levels, and

1.1.1.5.2.4 “Coercive practices” is harming or threatening to harm, directly or indirectly,persons or their property to influence their participation in a procurement process, oraffect the execution of a contract.

1.1.1.5.2.5 "Obstructive practice" is

1.1.1.5.2.5.1 deliberately destroying, falsifying, altering or concealing of evidence material to theinvestigation or making false statements to investigators in order to materiallyimpede the Federal Ethics and Anticorruption Commission, the Federal AuditorGeneral and the Public Procurement and Property Administration Agency or theirauditors' investigation into allegations of a corrupt, fraudulent, coercive or collusivepractice; and/or threatening, harassing or intimidating any party to prevent theirfrom disclosing their knowledge of matters relevant to the investigation or frompursuing the investigation, or

1.1.1.5.2.5.2 acts intended to materially impede the exercise of inspection and audit rightsprovided for under GCC Sub-clause 44.2.

1.1.1.5.3 The Agency will debar a Supplier from participation in public procurement for aspecified period of time if it at any time determines that the Supplier has engaged incorrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or inexecuting, a contract.



1.1.1.5.4 The Agency reserves the right, where a Supplier has been found by a national orinternational entity to have engaged in corrupt or fraudulent practice, to declare thatsuch a Supplier is ineligible, for a stated period of time, to be awarded a Governmentfunded contract.

1.1.1.5.5 The Agency will have the right to require that, in contracts funded by the Governmentof Ethiopia, a provision be included requiring suppliers to permit the Agency to inspecttheir accounts and records relating to the performance of the contract and to have themaudited by auditors appointed by the Agency, if the supplier engages in any corruptpractice.

1.1.1.5.6 Any communications between the Supplier and the Public Body or the Agency relatedto matters of alleged fraud or corruption must be made in writing.

1.1.1.6 Interpretation

1.1.1.6.1 If the context so requires it, singular means plural and vice versa.

1.1.1.6.2 In these terms and conditions, words referring any particular gender include all othergenders.

1.1.1.6.3 Incoterms

1.1.1.6.3.1 Unless otherwise specified in the SCC, the meaning of any trade term and therights and obligations of parties thereunder shall be as prescribed by Incoterms.

1.1.1.6.3.2 DDP, EXW, CIF, CIP, and other similar terms, shall be governed by the rulesprescribed in the current edition of Incoterms, published by the International Chamberof Commerce at the date of the Invitation for Bids or as specified in the SCC.

1.1.1.6.4 Entire Agreement

The Contract constitutes the entire agreement between the Public Body and the Supplier andsupersedes all communications, negotiations and agreements of parties with respect theretomade prior to the date of Contract.

1.1.1.6.5 Amendment

No amendment or other variation of the Contract shall be valid unless it is in writing, is dated,expressly refers to the Contract, and is signed by a duly authorized representative of each partythereto.

1.1.1.6.6 Nonwaiver

1.1.1.6.6.1 Subject to GCC Sub-Clause 6.6(b) below, no relaxation, forbearance, delay, orindulgence by either party in enforcing any of the terms and conditions of the Contractor the granting of time by either party to the other shall prejudice, affect, or restrict therights of that party under the Contract, neither shall any waiver by either party of anybreach of Contract operate as waiver of any subsequent or continuing breach ofContract.

1.1.1.6.6.2 Any waiver of a party’s rights, powers, or remedies under the Contract must bein writing, dated, and signed by an authorized representative of the party granting suchwaiver, and must specify the right and the extent to which it is being waived.



1.1.1.6.7 Severability

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable,such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of anyother provisions and conditions of the Contract.

B. The Contract

1.1.1.7 Contract Documents

1.1.1.7.1 The documents forming the Contract shall be interpreted in the following order ofprecedence in the event of any conflict between the documents comprising thisContract:

1.1.1.7.1.1 Agreement;

1.1.1.7.1.2 The Special Conditions of Contract;

1.1.1.7.1.3 The General Conditions of Contract;

1.1.1.7.1.4 Bid Submission Sheet with Annexes;

1.1.1.7.1.5 Price Schedule;

1.1.1.7.1.6 List of accepted items including their unit price;

1.1.1.7.1.7 Bidder Certification of Compliance with Annexes;

1.1.1.7.1.8 Technical Specification + Technical Offer + Compliance Sheet with Annexes;

1.1.1.7.1.9 Any other document listed in the SCC as forming part of the Contract.

1.1.1.7.2 All documents forming the Contract are intended to be correlative, complementary, andmutually explanatory.

1.1.1.7.3 Any action required or permitted to be taken, and any document required or permitted tobe provided, under the Contract by the Public Body or the Supplier may be taken orprovided by the authorized representatives specified in the SCC.

1.1.1.7.4 The Contract constitutes the entire agreement between the Public Body and the Supplierand supersedes all communications, negotiations and agreements (whether written ororal) of parties with respect thereto made prior to the date of Contract. No agent orrepresentative of either Party has authority to make, and the Parties shall not be boundby or be liable for, any statement, representation, promise or agreement not set forthherein.

1.1.1.8 Governing Law

1.1.1.8.1 The Contract shall be governed by and interpreted in accordance with the laws of theFederal Democratic Republic of Ethiopia, unless otherwise stated in SCC.

1.1.1.9 Language

1.1.1.9.1 The Contract as well as all written and oral communication and documents relating tothe Contract exchanged by the Supplier and the Public Body, shall be in English.Supporting documents and printed literature that are part of the Contract may be in



another language, but any documents provided in another language must beaccompanied by an accurate translation into English. For purposes of interpretation ofthe Contract, this translation shall govern.

1.1.1.9.2 The Supplier shall bear all costs of translation to the governing language and all risks ofthe accuracy of such translation.

1.1.1.10 Notices and written communications

1.1.1.10.1 Any notice, request or consent required or permitted to be given or madepursuant to this Contract shall be in writing. The term “in writing” means communicatedin written form with proof of receipt.

1.1.1.10.2 Any such notice, request or consent shall be deemed to have been given ormade when delivered in person to an authorized representative of the Party to whom thecommunication is addressed, or when sent to such Party at the address specified in theSCC.

1.1.1.10.3 A Party may change its address for notice hereunder by giving the other Partynotice in writing of such change to the address specified in the SCC.

1.1.1.11 Authorized Officers

1.1.1.11.1 Any notice, information or communication given to or made by an AuthorizedOfficer shall be deemed to have been given or made by the Public Body.

1.1.1.11.2 The Supplier shall decline from supplying the Goods and Related Services toany of the Public Body's staff who are not Authorized Officers.

1.1.1.12 Assignment

1.1.1.12.1 An assignment is a written agreement by which the Supplier transfers itscontract or part thereof to a third party.

1.1.1.12.2 The Supplier shall not, without the prior written consent of the Public Body,assign the Contract or any part thereof, or any benefit or interest thereunder, except inthe following cases.

1.1.1.12.2.1 A charge, in favor of the Supplier's bankers, of any monies due or to becomedue under the Contract; or

1.1.1.12.2.2 Assignment to the Supplier's insurers of the Supplier's right to obtain reliefagainst any other person liable in cases where the insurers have discharged the Supplier'sloss or liability.

1.1.1.12.3 With the exception of the carriage of Goods to the Location, the Supplier shallnot sub-contract the production or supply of any Goods without the previous consent inwriting of the Public Body, such consent not to be unreasonably withheld or delayed.

1.1.1.12.4 For the purpose of GCC Clause 12.2 the approval of an assignment by thePublic Body shall not relieve the Supplier of its obligations for the part of the Contractalready performed or the part not assigned.



1.1.1.12.5 If the Supplier has assigned his Contract without authorization, the Public Bodymay, without giving formal notice thereof, apply as of right the sanctions for breach ofContract provided for in GCC Clauses 18 and 20.

1.1.1.12.6 Assignees must satisfy the eligibility criteria applicable for the award of theContract and they can not be in any of the situations excluding them from participatingin Contract.

1.1.1.12.7 Every assignment shall be subject to the provisions of this Contract and shallincorporate the terms and conditions of this Contract.

1.1.1.13 Subcontracting

1.1.1.13.1 A sub-contract shall be valid only if it is a written agreement by which theSupplier entrusts performance of a part of the Contract to a third party.

1.1.1.13.2 In the event the Supplier requires the related services of sub-contractors that arenot included in the Contract, the Supplier shall obtain the prior written approval andclearance of Public Body for all sub-contractors. The related services to be sub-contracted and the identity of the subcontractors shall be notified to the Public Body.The Public Body shall with due regard to the provisions of GCC Clause 10 within 15days of receipt of the notification, notify the Supplier of its decision, stating reasonsshould he withhold such authorization.

1.1.1.13.3 The terms of any sub-contract shall be subject to and conform to the provisionsof this Contract.

1.1.1.13.4 The Public Body shall have no contractual relations with the Sub-Contractors.

1.1.1.13.5 Sub-contractors must satisfy the eligibility criteria applicable to the award of thecontract and they can not be in any of the situations excluding them from participatingin contract.

1.1.1.13.6 The Supplier shall be responsible for the acts, defaults and negligence of hisSub-Contractors and their agents or employees, as if they were the acts, defaults ornegligence of the Supplier, his agents or employees. The approval by the Public Body ofthe sub-contracting of any part of the contract or of the Sub-Contractor to perform anypart of the services shall not relieve the Supplier of any of his obligations under thecontract.

1.1.1.13.7 If the Supplier enters into a subcontract without approval, the Public Body mayapply, as of right without giving formal notice thereof, the sanctions for breach ofcontract provided for in GCC Clauses 18 and 20.

1.1.1.13.8 If a Sub-Contractor is found by the Public Body to be incompetent indischarging its duties, the Public Body may request the Supplier forthwith, either toprovide a Sub-Contractor with qualifications and experience acceptable to the PublicBody as a replacement, or to resume the implementation of the tasks itself.

1.1.1.14 Modifications and Contract Amendments

1.1.1.14.1 The Public Body may at any time request the Supplier through notice in



accordance GCC Clause 10, to make changes within the general scope of the Contract inany one or more of the following:

1.1.1.14.1.1 Drawings, designs, or specifications, where Goods to be furnished under theContract are to be specifically manufactured for the Public Body;

1.1.1.14.1.2 The method of shipment or packing;

1.1.1.14.1.3 The place of delivery; and

1.1.1.14.1.4 The Related Services to be provided by the Supplier.

1.1.1.14.2 If any such change causes increase or decrease in the time required for, theSupplier’s performance of any provisions under the Contract, an equitable adjustmentshall be made in the Delivery/Completion Schedule, or both, and the Contract shallaccordingly be amended. Any claims by the Supplier for adjustment under this Clausemust be asserted within twenty-eight (28) days from the date of the Supplier’s receipt ofthe Public Body's change order.

1.1.1.14.3 Prices to be charged by the Supplier for any Related Services that might beneeded but which were not included in the Contract shall be agreed upon in advance bythe parties.

1.1.1.14.4 Any change to the terms of the Contract must be recorded in writing andexecuted by authorized signatory of the Supplier and the Authorized Officer. Suchrecord of the change in question must address all consequential amendments required tobe made to the Contract as a result of such change.

1.1.1.14.5 Changes will take effect as from the date specified in the signed record ofchange and shall not have retrospective effect unless expressly provided for in suchrecord.

1.1.1.14.6 Each record of change must be dated and sequentially numbered. Each of thePublic Body and the Supplier will be entitled to an original executed counterpart of therecord of variation.

1.1.1.14.7 Except as provided in any such record of variation, the Contract will continue infull force and effect.

1.1.1.15 Change in Laws andRegulations

1.1.1.15.1 Unless otherwise expressly agreed in the SCC, if, after the deadline forsubmission of the Bid, any law, regulation, ordinance, order or bylaw having the forceof law is enacted, promulgated, abrogated, or changed in the Federal DemocraticRepublic of Ethiopia where the Site is located (which shall be deemed to include anychange in interpretation or application by the competent authorities) that subsequentlyaffects the Delivery Date and/or the Contract Price, then such Contract Price shall not becorrespondingly increased or decreased and/or the Delivery Date shall not be adjusted tothe extent that Supplier has thereby been affected in the performance of any of itsobligations under the Contract.



1.1.1.16 Taxes and Duties

1.1.1.16.1 For goods supplied from outside the Federal Democratic Republic of Ethiopia,the Supplier shall bear the costs of all taxes, custom duties, formalities, license fees, andother such levies imposed outside the Federal Democratic Republic of Ethiopia, unlessotherwise specified in the SCC.

1.1.1.16.2 For goods supplied from within the Federal Democratic Republic of Ethiopia,the Supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurreduntil delivery of the contracted Goods to the Public Body, unless otherwise specified inthe SCC.

1.1.1.17 Force Majeure

1.1.1.17.1 For the purposes of the Contract, “Force Majeure” shall mean an event or eventswhich are beyond the reasonable control of a Supplier, and which makes a Supplier’sperformance of its obligations hereunder impossible or so impractical as reasonably tobe considered impossible in the circumstances, and includes:

1.1.1.17.1.1 An official prohibition preventing the performance of a contract,

1.1.1.17.1.2 A natural catastrophe such as an earthquake, fire, explosion lightening, floods,or other adverse weather conditions, or

1.1.1.17.1.3 International or civil war, or

1.1.1.17.1.4 The death or a serious accident or unexpected serious illness of the supplier, or

1.1.1.17.1.5 Other instances of Force Majeure identified as such by the civil code.

1.1.1.17.2 The following occurrences shall not be deemed to be cases of Force Majeure:

1.1.1.17.2.1 A strike or lock-out taking of a party or affecting the branch of business inwhich he carries out his activities, or

1.1.1.17.2.2 An increase or reduction in the price of raw materials necessary for theperformance of the contract, or

1.1.1.17.2.3 The enactment of new legislation where by the obligations of the debtorbecomes more onerous, or

1.1.1.17.2.4 Any event which is caused by the negligence or intentional action of a Supplieror such Supplier’s Subcontractors or agents or employees; or

1.1.1.17.2.5 Any event which a diligent Party could reasonably have been expected to both:

1.1.1.17.2.5.1 Take into account from the effective date of the Contract; and

1.1.1.17.2.5.2 Avoid or overcome in the carrying out of its obligations; or

1.1.1.17.2.6 Insufficiency of funds or failure to make any payment required hereunder.

1.1.1.17.3 The failure of a Supplier to fulfill any of its obligations hereunder shall not beconsidered to be a breach of, or default under, the Contract insofar as such inabilityarises from an event of Force Majeure, provided that the Supplier affected by such anevent has taken all reasonable precautions, due care and reasonable alternative



measures, all with the objective of carrying out the terms and conditions of the Contract.

1.1.1.17.4 A Supplier affected by an event of Force Majeure shall take all reasonablemeasures to

1.1.1.17.4.1 Remove such Supplier’s inability to fulfill its obligations hereunder with aminimum of delay; and

1.1.1.17.4.2 Minimize the consequences of any event of Force Majeure.

1.1.1.17.5 A Supplier affected by an event of Force Majeure shall notify the Public Bodyof such event as soon as possible, and in any event not later than fourteen (14) daysfollowing the occurrence of such event, providing evidence of the nature and cause ofsuch event, and shall similarly give notice of the restoration of normal conditions assoon as possible.

1.1.1.17.6 Not later than thirty (30) days after the Supplier, as the result of an event ofForce Majeure, has become unable to supply the Goods and Related Services, theParties shall consult with each other in good faith and use all reasonable endeavors toagree appropriate terms to mitigate the effects of the Force Majeure Event and facilitatethe continued performance of the Contract..

1.1.1.18 Breach of Contract

1.1.1.18.1 Either party commits a breach of contract where it fails to discharge any of itsobligations under the specific contract.

1.1.1.18.2 Where a breach of contract occurs, the party injured by the breach shall beentitled to the following remedies:

1.1.1.18.2.1 Compensation / Claim for liquidated damages as specified in GCC Clause 25;and/or

1.1.1.18.2.2 Termination of the contract.

1.1.1.18.3 In any case where the Public Body is entitled to damages, it may deduct suchSuspension damages from any sums due to the Supplier or call on the appropriateguarantee.

1.1.1.19 Suspension of Assignment

1.1.1.19.1 The Public Body may, by written notice of suspension of the assignment to theSupplier, suspend all payments to the Supplier hereunder if the Supplier fails to performany of its obligations under the Contract provided that such notice of suspension shall:

1.1.1.19.1.1 Specify the nature of the failure; and

1.1.1.19.1.2 Request the Supplier to remedy such failure within a period not exceeding thirty(30) days after receipt by the Supplier of such notice of suspension.

1.1.1.20 Termination

1.1.1.20.1 Termination shall be without prejudice to any other rights or powers under the



contract of the Public Body and the Supplier.

1.1.1.20.2 In addition to the grounds for termination defined in these General Conditions,the Public Body may, by not less than thirty days written notice of termination to theSupplier stating the reason for termination of the contract and the date on which suchtermination becomes effective. (except in the event listed in paragraph (o) below, forwhich there shall be a written notice of not less than sixty days), such notice to be givenafter the occurrence of any of the events specified in GCC Sub-Clause 20.2 (a) to (p),terminate the Contract if:

1.1.1.20.2.1 The supplier fails to deliver any or all of the Goods or Related Services withinthe period specified in the Contract, or within any extension thereof granted by thePublic Body pursuant to GCC Clause 59 or if the Goods do not meet the technicalspecifications stated in the Contract;

1.1.1.20.2.2 The Supplier fails to remedy a failure in the performance of their obligations asspecified in a notice of suspension of assignment pursuant to GCC Clause 19 withinthirty days of receipt of such notice of suspension of assignment or within such periodother agreed between the Parties in writing;

1.1.1.20.2.3 The Supplier becomes insolvent or bankrupt or enters into any agreements withits creditors for relief of debt or take advantage of any law for the benefit of debtors orgo into liquidation or receivership whether compulsory or voluntary, other than for areconstruction or amalgamation;

1.1.1.20.2.4 The Supplier fails to comply with any final decision reached as a result of directinformal negotiation pursuant to GCC Sub-Clause 24.2 hereof;

1.1.1.20.2.5 The Supplier is unable as the result of Force Majeure, to perform a materialportion of the Services for a period of not less than sixty days;

1.1.1.20.2.6 The Supplier assigns the contract or sub-contracts without the authorization ofthe Public Body;

1.1.1.20.2.7 The Supplier has been guilty of grave professional misconduct proven by anymeans which the Public Body can justify;

1.1.1.20.2.8 The Supplier has been declared to be in serious breach of contract financed bythe Federal Democratic Republic of Ethiopia's budget for failure to comply with itscontractual obligations.

1.1.1.20.2.9 The Supplier has been engaged in corrupt or fraudulent practices in competingfor or in executing the Contract.

1.1.1.20.2.10 Any organizational modification occurs involving a change in the legalpersonality, nature or control of the Supplier, unless such modification is recorded in anaddendum to the Contract;

1.1.1.20.2.11 Any other legal disability hindering performance of the Contract occurs;

1.1.1.20.2.12 The Supplier fails to provide the required guarantees or insurance, or the personproviding the underlying guarantee or insurance is not able to abide by its commitments.

1.1.1.20.2.13 Where the procurement requirement of the Public Body changes for anyapparent or obvious reason;

1.1.1.20.2.14 Where it emerges that the gap between the value of the Contract and theprevailing market price is so wide that allowing the implementation of the contract to



proceed places the Public Body concerned at a disadvantage;

1.1.1.20.2.15 The Public Body, in its sole discretion and for any reason whatsoever, decidesto terminate the Contract.

1.1.1.20.2.16 The accumulated liquidated damage reached its maximum as stated in GCCClause 25.1(b).

1.1.1.20.3 The Supplier may, by not less than thirty days written notice to the Public Body,of such notice to be given after the occurrence of any of the events specified in GCCSub-Clause 20.3 (a) to (d) terminate the Contract if:

1.1.1.20.3.1 The Public Body fails to pay any money due to the Supplier pursuant to theContract and not subject to dispute pursuant to GCC Clause 24, within forty-five daysafter receiving written notice from the Supplier that such payment is overdue;

1.1.1.20.3.2 The Public Body is in material breach of its obligations pursuant to the Contractand has not remedied the same within forty-five days (or such longer period as theSupplier may have subsequently approved in writing) following the receipt by thePublic Body of the Supplier’s notice specifying such breach;

1.1.1.20.3.3 The Supplier is unable as the result of Force Majeure, to perform a materialportion of the Services for a period of not less than sixty days; or

1.1.1.20.3.4 The Public Body fails to comply with any final decision reached as a result ofsettlement of disputes pursuant to GCC Clause 24 hereof.

1.1.1.20.4 If either Party disputes whether an event specified GCC Sub-Clauses 20.2 (a) to(n) or GCC Sub-Clause 20.3 has occurred, such Party may, within forty-five days afterreceipt of notice of termination from the other Party, refer the matter to settlement ofdisputes pursuant to GCC Clause 24 and the Contract shall not be terminated on accountof such event except in accordance with the terms of any resolution award.

1.1.1.20.5 In the event the Public Body terminates the Contract pursuant to the GCC Sub-Clause 20.2 (a) to (n) the Public Body may procure, upon such terms and in suchmanner as it deems appropriate, Goods or Related Services similar to those undeliveredor not performed, and the Supplier shall be liable to the Public Body for any additionalcosts for such similar Goods or Related Services. However, the Supplier shall continueperformance of the Contract to the extent not terminated.

1.1.1.20.6 If the Public Body terminates the Contract in the event specified in GCC Sub-Clause 20.2 (o) the notice of termination shall specify that termination is for the PublicBody's convenience, the extent to which performance of the Supplier under the Contractis terminated, and the date upon which such termination becomes effective.

1.1.1.20.7 If the Public Body terminates the Contract in the event specified in GCC Sub-Clause 20.2 (o) the Goods that are complete and ready for shipment within twenty-eight(28) days after the Supplier’s receipt of notice of termination shall be accepted by thePublic Body at the Contract terms and prices. For the remaining Goods, the Public Bodymay elect:

1.1.1.20.7.1.1 To have any portion completed and delivered at the Contract terms and prices;and/or

1.1.1.20.7.1.2 To cancel the remainder and pay to the Supplier an agreed amount for partiallycompleted Goods and Related Services and for materials and parts previously



procured by the Supplier.

1.1.1.20.8 In the event the Public Body terminates the Contract pursuant to the GCC Sub-Clause 20.2 (c) termination will be without compensation to the Supplier, provided thatsuch termination will not prejudice or affect any right of action or remedy that hasaccrued or will accrue thereafter to the Public Body.

1.1.1.20.9 In the event of any termination by the Public Body under this Clause, for theavoidance of doubt, the Supplier will not be restricted from making any claim in respectof the Contract Price to the extent the Contract Price is outstanding and due and payable.

1.1.1.21 Arrangements on Termination

1.1.1.21.1 The Public Body and the Supplier agree that termination or expiry of theContract shall not affect either Party's obligations which the Contract provides shallsurvive the expiration or termination of the Contract.

1.1.1.21.2 After termination or expiry all data, documents and records (whether storedelectronically or otherwise) relating in whole or in part to the supplied Goods andRelated Services shall be delivered by the Supplier to the Public Body provided that theSupplier shall be entitled to keep copies thereof to the extent that the informationcontained therein does not relate solely to the Goods and Related Services or to theextent that the Supplier is required by law to maintain copies thereof or to the extent thatthe Supplier was possessed of such data documents and records prior to the date of theContract. In addition, the Supplier shall co-operate fully with the Public Body during thehandover leading to the termination of the Contract. This co-operation shall extend tofull access to all documents, reports, summaries and any other information required toachieve an effective transition without disruption to routine operational requirements.

1.1.1.22 Cessation of Rights and Obligations

1.1.1.22.1 Upon termination of the Contract pursuant to GCC Clauses 20, or uponcompletion of the Contract, all rights and obligations of the Parties hereunder shallcease, except

1.1.1.22.1.1 Such rights and obligations as may have accrued on the date of termination orexpiration;

1.1.1.22.1.2 The Supplier’s obligation to permit inspection, copying and auditing of theiraccounts and records set forth in GCC Clause 44; and

1.1.1.22.1.3 Any right which a Party may have under the Governing Law

1.1.1.22.1.4 The warranty right provided for under Clause 23.

1.1.1.23 Warranty

1.1.1.23.1 The Supplier warrants that all the Goods are new, unused, and of the mostrecent or current models, and that they incorporate all recent improvements in designand materials, unless provided otherwise in the Contract.

1.1.1.23.2 Subject to GCC Sub-Clause 49.1, the Supplier further warrants that the Goodsshall be free from defects arising from any act or omission of the Supplier or arising



from design, materials, and workmanship, under normal use in the conditions prevailingin the country of final destination.

1.1.1.23.3 Unless otherwise specified in the SCC, the warranty shall remain valid fortwelve (12) months after the Goods, or any portion thereof as the case may be, havebeen delivered to and accepted at the final destination indicated in the GCC Clause 50.1.

1.1.1.23.4 The Public Body shall give notice to the Supplier stating the nature of any suchdefects together with all available evidence thereof, promptly following the discoverythereof. The Public Body shall afford all reasonable opportunity for the Supplier toinspect such defects.

1.1.1.23.5 Upon receipt of such notice, the Supplier shall, within the period specified inthe SCC, expeditiously repair or replace the defective Goods or parts thereof, at no costto the Public Body.

1.1.1.23.6 The Supplier shall be responsible for all necessary transportation chargesrequired to ship defective commodities to the manufacturer and then return them to thePublic Body.

1.1.1.23.7 If having been notified, the Supplier fails to remedy the defect within the periodspecified in the SCC Clause 23.5, the Public Body may proceed to take within areasonable period such remedial action as may be necessary, at the Supplier’s risk andexpense and without prejudice to any other rights which the Public Body may haveagainst the Supplier under the Contract.

1.1.1.24 Settlement of Disputes

1.1.1.24.1 During any dispute, including a dispute as to the validity of the Contract, it ismutually agreed that the Supplier shall continue its performance of the provisions of theContract (unless the Public Body requests in writing that the Supplier does not do so).

1.1.1.24.2 The Public Body and the Supplier shall make every effort to resolve amicablyby direct informal negotiation any disagreement, controversy or dispute arising betweenthem under or in connection with the Contract or interpretation thereof.

1.1.1.24.3 If a dispute arises between the Public Body and the Supplier in relation to anymatter which cannot be resolved by the Authorized Officer and the Supplier ContractManager either of them may refer such dispute to the procedure described in ITB Sub-Clause 24.4.

1.1.1.24.4 In the second instance each of the Public Body and the Supplier shall appointmore senior representatives than those referred to in Sub-Clause 24.3 to meet solely inorder to resolve the matter in dispute. Such meeting(s) shall be minuted and shall bechaired by the Public Body (but the chairman shall not have a casting vote). Suchmeeting(s) shall be conducted in such manner and at such venue (including a meetingconducted over the telephone) as to promote a consensual resolution of the dispute inquestion at the discretion of the chairman.

1.1.1.24.5 If the Parties fail to resolve such a dispute or difference amicably within twenty-eight (28) days from the commencement of such procedure, either party may requirethat the dispute be referred for resolution through the courts in accordance withEthiopian Law.



1.1.1.24.6 Only those Contracting Authorities that are allowed by law to proceed toarbitration can do so.

1.1.1.25 Liquidated Damages

1.1.1.25.1 Except as provided under GCC Clause 17, if the Supplier fails to deliver any orall of the Goods or perform the Related Services within the period specified in theContract, the Public Body may without prejudice to all its other remedies under theContract, deduct from the Contract Price, as liquidated damages the following:

1.1.1.25.1.1 A penalty of 0.1% or 1/1000 of the value of undelivered item for each day ofdelay until actual delivery or performance,

1.1.1.25.1.2 The cumulative penalty to be paid by the supplier shall not exceed 10% of thecontract price.

1.1.1.25.2 If the delay in performing the contract affects its activities, the Public Body mayterminate the contract by giving advance notice to the Supplier pursuant to GCC Clause20 without any obligation to wait until the penalty reaches 10% of the value of theContract.

1.1.1.26 Confidentiality

1.1.1.26.1 The Public Body and the Supplier shall keep confidential and shall not discloseto any third party any documents, data, or other information furnished directly orindirectly by the other party hereto in connection with the Contract, whether suchinformation has been furnished prior to, during or following completion or terminationof the Contract if their disclosure would be contrary to law, would impede lawenforcement, would not be in public interest, would prejudice legitimate commercialinterest of the parties or would inhibit fair competition.. Notwithstanding the above, theSupplier may furnish to its Subcontractor such documents, data, and other information itreceives from the Public Body to the extent required for the Subcontractor to perform itswork under the Contract, in which event the Supplier shall obtain from suchSubcontractor an undertaking of confidentiality similar to that imposed on the Supplierunder this Clause.

1.1.1.26.2 The Public Body shall not use such documents, data, and other informationreceived from the Supplier for any purposes unrelated to the Contract. Similarly, theSupplier shall not use such documents, data, and other information received from thePublic Body for any purpose other than supply of the Goods and Related Servicesrequired for the performance of the Contract.

1.1.1.26.3 The obligation of a party under this Clause, however, shall not apply to anyConfidential Information that:

1.1.1.26.3.1 The Public Body or Supplier need to share with any other institutionsparticipating in the financing of the Contract;

1.1.1.26.3.2 Now or hereafter enters the public domain other than by breach of the Contractor other act or omissions of that Party;

1.1.1.26.3.3 Is obtained by a third party who is lawfully authorized to disclose suchinformation;



1.1.1.26.3.4 Can be proven to have been possessed by that party at the time of disclosure andwhich was not previously obtained, directly or indirectly, from the other party; or

1.1.1.26.3.5 Is authorized for release by the prior written consent of the other party.

1.1.1.26.4 The Parties shall not be prevented from using any general knowledge,experience or skills which were in their possession prior to the commencement of theContract;

1.1.1.26.5 The Supplier authorizes the Public Body to disclose the ConfidentialInformation to such person(s) as may be notified to the Supplier in writing by the PublicBody from time to time to the extent only as is necessary for the purposes of auditingand collating information so as to ascertain a realistic market price for the goodssupplied in accordance with the Contract, such exercise being commonly referred to as"benchmarking". The Public Body shall use all reasonable endeavors to ensure that suchperson(s) keeps the Confidential Information confidential and does not make use of theConfidential Information except for the purpose for which the disclosure is made. ThePublic Body shall not without good reason claim that the lowest price available in themarket is the realistic market price.

1.1.1.26.6 The Supplier agrees that:

1.1.1.26.6.1 Subject to Sub-Clause 26.6 (b), the decision on whether any exemption appliesto a request for disclosure of recorded information is a decision solely for the PublicBody;

1.1.1.26.6.2 Where the Public Body is managing a request as referred to in Sub-Clause 26.6(a), the Supplier shall co-operate with the Public Body making the request and shallrespond within five (5) working days of any request by it for assistance in determininghow to respond to a request for disclosure.

1.1.1.26.7 The Supplier shall and shall procure that its Subcontractors shall provide thePublic Body with a copy of all information in its possession or power in the form thatthe Public Body requires within five (5) working days (or such other period as thePublic Body may specify) of the Public Body requesting that Information.

1.1.1.26.8 The Public Body may consult the Supplier in relation to any request fordisclosure of the Supplier's Confidential Information in accordance with all applicableguidance.

1.1.1.26.9 The above provisions of this Clause shall not in any way modify anyundertaking of confidentiality given by either of the parties hereto prior to the date ofthe Contract.

1.1.1.26.10 This Clause 26 shall remain in force without limit in time in respect ofConfidential Information which comprises Personal Data. Except as aforesaid andunless otherwise expressly set out in the Contract, this Clause 26 shall remain in forcefor a period of 3 years after the termination or expiry of this Contract.

1.1.1.26.11 In the event that the Supplier fails to comply with this Clause 26, the PublicBody reserves the right to terminate the Contract by notice in writing with immediateeffect.



1.1.1.27 Copyright

1.1.1.27.1 The copyright in all drawings, documents, and other materials containing dataand information furnished to the Public Body by the Supplier herein shall remain vestedin the Supplier, or, if they are furnished to the Public Body directly or through theSupplier by any third party, including suppliers of materials, the copyright in suchmaterials shall remain vested in such third party.

1.1.1.28 Miscellaneous

1.1.1.28.1 Any decision, act or thing that the Public Body is required or authorized to takeor do under the Contract may be taken or done by any person authorized, eithergenerally or specifically, by the Public Body to take or do that decision, act or thing,provided that upon receipt of a written request the Public Body shall inform the Supplierof the name of any person so authorized.

1.1.1.28.2 The Supplier may from time to time upon the request of the Public Body,execute any additional documents and do any other acts or things which may reasonablybe required to implement the provisions of the Contract.

1.1.1.28.3 Any provision of the Contract which is held to be invalid or unenforceable inany jurisdiction shall be ineffective to the extent of such invalidity or unenforceabilitywithout invalidating or rendering unenforceable the remaining provisions hereof andany such invalidity or unenforceability in any jurisdiction shall not invalidate or renderunenforceable such provisions in any other jurisdiction.

1.1.1.28.4 The failure by the Public Body and Supplier to insist upon the strictperformance of any provision, term or condition of the Contract or to exercise any rightor remedy consequent upon the breach thereof shall not constitute a waiver of any suchbreach or any subsequent breach of such provision, term or condition.

1.1.1.28.5 Each Party shall bear its own expenses in relation to the preparation, executionand implementation of the Contract including all costs legal fees and other expenses soincurred.

1.1.1.28.6 The Supplier warrants represents and undertakes to the Public Body that thereare no pending or threatened actions or proceedings before any court or administrativeagency which would materially adversely affect the financial condition, business oroperations of the Supplier and that there are no material contracts existing to which theSupplier is a party which prevent it from entering into the Contract; and that theSupplier has satisfied itself as to the nature and extent of the risks assumed by it underthe Contract and gathered all information necessary to perform its obligations under theContract and all other obligations assumed by it.

1.1.1.28.7 The rights and remedies provided in the Contract are cumulative and notexclusive of any rights or remedies provided by any other contract or document. In thisprovision "right" includes any power, privilege, remedy, or proprietary or securityinterest.

C. Obligations of the Public Body



1.1.1.29 Provision of Assistance

1.1.1.29.1 Unless otherwise indicated in SCC, whenever the supply of Goods and RelatedServices requires that the Supplier obtain permits, approvals, and import and otherlicenses from local public authorities, the Public Body shall, if so required by theSupplier, make its best effort to assist the Supplier in complying with such requirementsin a timely and expeditious manner.

1.1.1.29.2 The Public Body shall pay all costs involved in the performance of itsresponsibilities, in accordance with GCC Sub-Clause 29.1.

D. Payment

1.1.1.30 Contract Price

1.1.1.30.1 Prices charged by the Supplier for the Goods delivered and the Related Servicesperformed under the Contract shall not vary from the prices quoted by the Supplier in itsbid.

1.1.1.30.2 The Contract Price shall be net i.e. after the deduction of all agreed discounts. Inthe absence of written agreement by the Parties to the contrary, the Contract Price shallinclude the cost of packaging, packing materials, addressing, labeling, loading anddelivery to the Location, and all appropriate tax and duty.

1.1.1.30.3 Except as provided in GCC Sub-Clause 15.1, the Contract price may only beincreased above amounts stated in GCC Sub-Clause 30.1 if the Parties have agreed toadditional payments in accordance with GCC Clause 14.

1.1.1.31 Price Adjustments

1.1.1.31.1 Contracts Prices shall be fixed throughout the Supplier's performance of theContract and not subject to adjustment on any account.

1.1.1.31.2 This provision remains in effect for the duration of the contract once it becomeseffective.

1.1.1.31.3 Any discount offered by the Supplier under this Contract cannot be reducedduring the Term of this Contract without the agreement in writing of the Public Body.

1.1.1.32 Mode of Billing and Terms of Payment

1.1.1.32.1 In consideration of the Supplier's due and proper performance of its obligationsunder the Contract, the Supplier may charge the Public Body the Contract Price inaccordance with this Clause.

1.1.1.32.2 The Supplier’s request for payment shall be made to the Public Body in writing,accompanied by an invoice. Invoices shall not be rendered by the Supplier untilcompletion of delivery of all of the Goods which are the subject of the Purchase Orderunless otherwise agreed in writing. Where the Parties agree delivery by installments, theSupplier may render an invoice for each delivered installment.



1.1.1.32.3 An invoice is correctly rendered if:

1.1.1.32.3.1 The invoice is addressed to the Public Body's officer specified in the PurchaseOrder to receive invoices and identifies the number of relevant Purchase Order andContract;

1.1.1.32.3.2 The invoice includes date of issuance and its serial number;

1.1.1.32.3.3 The amount claimed in the invoice is due for payment;

1.1.1.32.3.4 The amount specified in the invoice is correctly calculated in accordance withthe Contract;

1.1.1.32.3.5 The invoice is set out in a manner that enables the Public Body to ascertainwhich Goods or Service the invoice covers (description, quantity, and unit of measure)and the respective Price, or Charge payable in respect of that Goods or Service;

1.1.1.32.3.6 The invoice is accompanied by the relevant Certificate of Acceptance signed bythe Public Body's official representative certifying that the amount specified in theinvoice is in accordance with the Contract and delivered Goods or Services meet allPurchase Order and acceptance criteria requirements;

1.1.1.32.3.7 The invoice includes the name and address of Supplier to whom payment is tobe sent;

1.1.1.32.3.8 The invoice includes the name, title, and phone number of person to notify inthe event of defective invoice;

1.1.1.32.3.9 The invoice includes Supplier's bank account information, and

1.1.1.32.3.10 The invoice is, where appropriate, certified as sales tax exempt.

Failure to provide such information will entitle the Public Body to delay payment of theContract Price until such information is provided.

1.1.1.32.4 The Public Body shall pay the Contract Price to the Supplier, within the periodspecified in the SCC and upon receipt of the Goods and valid invoice (rendered inaccordance with Sub-Clause 32.3.

1.1.1.32.5 All payment to the Supplier under this Contract shall be made in currencyspecified in the SCC.

1.1.1.32.6 The invoice provided to the Public Body by the Supplier in accordance with thisClause shall show appropriate taxes separately.

1.1.1.32.7 The Public Body shall not be responsible for the payment of any charges forGoods supplied in excess of the Goods required by the Purchase Order or any variationof it unless authorized in writing by a further Purchase Order.

1.1.1.32.8 No payment of or on account of the Contract Price shall constitute anyadmission by the Public Body as to proper performance by the Supplier of itsobligations.

1.1.1.32.9 If the Supplier requests an advance payment the advance may be paid by thePublic Body in an amount not exceeding 30% of the total contract price.

1.1.1.32.10 As a prerequisite for such advance payment supplier shall submit advancepayment security in an amount equal to the advance payment it receives in the form of a



certified cheque or unconditional bank guarantee at its option from a reputable bank,together with its request for advance payment as per the contract.

1.1.1.32.11 Should the advance payment security cease to be valid and the Supplier fails tore-validate it, a deduction equal to the amount of the advance payment may be made bythe Public Body from future payments due to the Supplier under the Contract.

1.1.1.32.12 If a Contract is terminated for any reason, the guarantee securing the advancepayment may be invoked in order to recover the balance of the advance payment stillowed by the Supplier.

1.1.1.33 Forms

1.1.1.33.1 Unless otherwise agreed in writing by the Public Body and the Supplier:

1.1.1.33.1.1 a delivery note shall accompany each delivery of the Goods;

1.1.1.33.1.2 an invoice shall be rendered on the Supplier’s own invoice form;

1.1.1.33.1.3 all delivery notes and invoices shall be clearly marked with the Public Body'spurchase order number, the name and address of the Public Body and the descriptionand quantity of the Goods, and shall show separately any additional charge forcontainers and/or any other item not included in the Contract Price or, where no chargeis made, whether the containers are required to be returned.

1.1.1.33.2 Sub-Clause 33.1 shall be compatible in all respects with the Contract.

1.1.1.33.3 With the prior written agreement of the Parties, the arrangements set out in Sub-Clause 33.1 may be suspended in favor of alternative arrangements (including newlogistics processes).

E. Obligations of the Supplier

1.1.1.34 Supplier’s Responsibilities

1.1.1.34.1 The Supplier shall supply all the Goods and Related Services included in theScope of Supply in accordance with GCC Clause 49, and the Delivery and CompletionSchedule, as per GCC Clause 51.

1.1.1.35 Joint Venture, Consortium or Association

1.1.1.35.1 If the Supplier is a joint venture, consortium, or association, all of the partiesshall be jointly and severally liable to the Public Body for the fulfilment of theprovisions of the Contract and shall designate one party to act as a leader with authorityto bind the joint venture, consortium, or association. The composition or the constitutionof the joint venture, consortium, or association shall not be altered without the priorconsent of the Public Body.

1.1.1.36 Eligibility

1.1.1.36.1 All Goods and Services supplied under the Contract shall have their origin in aneligible country pursuant to Section 5.



1.1.1.36.2 For purposes of this Clause, “origin” means the place where the Goods weremined, grown, or produced, or from which the Services are supplied. Goods areproduced when, through manufacturing, processing, or substantial and major assemblyof components, a commercially recognized new product results that is substantiallydifferent in basic characteristics or in purpose or utility from its components.

1.1.1.36.3 The origin of Goods and Services is distinct from the nationality of the Supplier.

1.1.1.37 Code of Conduct

1.1.1.37.1 The Supplier shall, at all times, act loyally and impartially and as a faithfuladviser to the Public Body in accordance with the rules and/or code of conduct of itsprofession as well as with appropriate discretion. The Supplier shall, in particular, at alltimes refrain from making any public statements concerning the Goods and RelatedServices without the prior approval of the Public Body, and from engaging in anyactivity which conflicts with its obligations towards the Public Body under the contract.It shall not commit the Public Body without its prior written consent, and shall, whereappropriate, make this obligation clear to third parties.

1.1.1.37.2 If the Supplier or any of its Subcontractors, personnel, agents or servants offersto give or agrees to offer or to give or gives to any person, any bribe, gift, gratuity orcommission as an inducement or reward for doing or forbearing to do any act in relationto the contract or any other contract with the Public Body, or for showing favor ordisfavor to any person in relation to the contract or any other contract with the PublicBody, then the Public Body may terminate the contract, without prejudice to anyaccrued rights of the Supplier under the contract.

1.1.1.37.3 The payments to the Supplier under the contract shall constitute the only incomeor benefit it may derive in connection with the contract and neither it nor its personnelshall accept any commission, discount, allowance, indirect payment or otherconsideration in connection with, or in relation to, or in discharge of, its obligationsunder the contract.

1.1.1.37.4 The Supplier shall not have the benefit, whether directly or indirectly, of anyroyalty, gratuity or commission in respect of any patented or protected article or processused in or for the purposes of the contract or the project, without the prior writtenapproval of the Public Body.

1.1.1.37.5 The Supplier and its staff shall maintain professional secrecy, for the duration ofthe contract and after completion thereof. In this connection, except with the priorwritten consent of the Public Body, neither the Supplier nor the personnel employed orengaged by it shall at any time communicate to any person or entity any confidentialinformation disclosed to them or discovered by them, or make public any information asto the recommendations formulated in the course of or as a result of the services.Furthermore, they shall not make any use prejudicial to the Public Body, of informationsupplied to them and of the results of studies, tests and research carried out in the courseand for the purpose of performing the contract.

1.1.1.37.6 The execution of the contract shall not give rise to unusual commercialexpenses. If such unusual commercial expenses emerge, the contract will be terminated.Unusual commercial expenses are commissions not mentioned in the contract or not



stemming from a properly concluded contract referring to the contract, commissions notpaid in return for any actual and legitimate service, commissions remitted to a taxhaven, commissions paid to a recipient who is not clearly identified or commission paidto a company which has every appearance of being a front company.

1.1.1.37.7 The Supplier shall supply to the Public Body on request supporting evidenceregarding the conditions in which the contract is being executed. The Public Body maycarry out whatever documentary or on-the spot checks it deems necessary to findevidence in case of suspected unusual commercial expenses.

1.1.1.38 Conflict of Interests

1.1.1.38.1 The Supplier shall take all necessary measures to prevent or end any situationthat could compromise the impartial and objective performance of the Contract. Suchconflict of interests could arise in particular as a result of economic interest, family oremotional ties, or any other relevant connection or shared interest. Any conflict ofinterests, which could arise during performance of the Contract, must be notified inwriting to the Public Body without delay.

1.1.1.38.2 The Public Body reserves the right to verify that such measures are adequateand may require additional measures to be taken if necessary. The Supplier shall ensurethat its staff, including its management, is not placed in a situation, which could giverise to conflict of interests. Without prejudice to Clause 24, the Supplier shall replace,immediately and without compensation from the Public Body, any member of its staffexposed to such a situation.

1.1.1.38.3 The Supplier shall refrain from any contact, which would compromise itsindependence or that of its personnel. If the Supplier fails to maintain suchindependence, the Public Body may, without prejudice to compensation for any damage,which it may have suffered on this account, terminate the contract forthwith, withoutgiving formal notice thereof.

1.1.1.38.4 The Supplier shall, after the conclusion or termination of the contract, limit itsrole in connection to the provision of the Goods and Related Services. Except with thewritten permission of the Public Body, the Supplier and any other supplier with whomthe Supplier is associated or affiliated shall be disqualified from the execution of works,goods or other services for the Public Body in any capacity.

1.1.1.39 Patent Indemnity

1.1.1.39.1 The Supplier shall, subject to the Public Body's compliance with GCC Sub-Clause 39.2, indemnify and hold harmless the Public Body and its employees andofficers from and against any and all suits, actions or administrative proceedings,claims, demands, losses, damages, costs, and expenses of any nature, includingattorney’s fees and expenses, which the Public Body may suffer as a result of anyinfringement or alleged infringement of any patent, utility model, registered design,trademark, copyright, or other intellectual property right registered or otherwise existingat the date of the Contract by reason of:

1.1.1.39.1.1 The use of the Goods in the Federal democratic Republic of Ethiopia; and

1.1.1.39.1.2 The sale in any country of the Goods manufactured by the Supplier.



Such indemnity shall not cover any use of the Goods or any part thereof other than for the purposeindicated by or to be reasonably inferred from the Contract, neither any infringement resultingfrom the use of the Goods or any part thereof, or any products produced thereby in association orcombination with any other equipment, plant, or materials not supplied by the Supplier, pursuantto the Contract.

1.1.1.39.2 If any proceedings are brought or any claim is made against the Public Bodyarising out of the matters referred to in GCC Sub-Clause 39.1, the Public Body shallpromptly give the Supplier a notice thereof, and the Supplier may at its own expenseand in the Public Body's name conduct such proceedings or claim and any negotiationsfor the settlement of any such proceedings or claim.

1.1.1.39.3 If the Supplier fails to notify the Public Body within twenty-eight (28) daysafter receipt of such notice that it intends to conduct any such proceedings or claim, thenthe Public Body shall be free to conduct the same on its own behalf.

1.1.1.39.4 The Public Body shall, at the Supplier’s request, afford all available assistanceto the Supplier in conducting such proceedings or claim, and shall be reimbursed by theSupplier for all reasonable expenses incurred in so doing.

1.1.1.39.5 The Public Body shall indemnify and hold harmless the Supplier and itsemployees, officers, and Subcontractors from and against any and all suits, actions oradministrative proceedings, claims, demands, losses, damages, costs, and expenses ofany nature, including attorney’s fees and expenses, which the Supplier may suffer as aresult of any infringement or alleged infringement of any patent, utility model,registered design, trademark, copyright, or other intellectual property right registered orotherwise existing at the date of the Contract arising out of or in connection with anydesign, data, drawing, specification, or other documents or materials provided ordesigned by or on behalf of the Public Body.

1.1.1.40 Limitation of Liability

1.1.1.40.1 Except in cases of criminal negligence or wilful misconduct,

1.1.1.40.1.1 The Supplier shall not be liable to the Public Body, whether in contract, tort, orotherwise, for any indirect or consequential loss or damage, loss of use, loss ofproduction, or loss of profits or interest costs, provided that this exclusion shall notapply to any obligation of the Supplier to pay liquidated damages to the Public Bodyand

1.1.1.40.1.2 The aggregate liability of the Supplier to the Public Body, whether under theContract, in tort or otherwise, shall not exceed the total Contract Price as stated in theSCC, provided that this limitation shall not apply to the cost of repairing or replacingdefective equipment, or to any obligation of the supplier to indemnify the Public Bodywith respect to patent infringement.

1.1.1.41 Intellectual Property

1.1.1.41.1 Subject to Clause 40, the Supplier agrees to indemnify and keep indemnified thePublic Body against any costs, claims, proceedings, expenses and demands arising fromthe use, application, supply or delivery of any process, article, matter or thing suppliedunder the Contract that would constitute or is alleged to constitute any infringement of



any person's Intellectual Property Rights.

1.1.1.42 Insurance

1.1.1.42.1 Unless otherwise specified in the SCC, the Goods supplied under the Contractshall be fully insured, in a freely convertible currency, against loss or damage incidentalto manufacture or acquisition, transportation, storage, and delivery, in accordance withthe applicable Incoterms.

1.1.1.43 Product Information

1.1.1.43.1 The Supplier shall provide the Public Body the Product Information in suchmanner and upon such media as agreed between the Supplier and the Public Body fromtime to time for the sole use by the Public Body.

1.1.1.43.2 The Supplier warrants that the Product Information is complete and accurate asat the date upon which it is delivered to the Public Body and that the ProductInformation does not contain any data or statement which gives rise to any liability onthe part of the Public Body following publication of the same in accordance with thisClause.

1.1.1.43.3 In the event the Product Information ceases to be complete and accurate, theSupplier shall promptly notify the Public Body in writing of any modification oraddition to or any inaccuracy or omission in the Product Information.

1.1.1.43.4 The Supplier grants the Public Body a non-exclusive royalty free license inperpetuity to use and exploit the Product Information and any Intellectual Propertytherein for the purpose of illustrating the range of goods and services (including, withoutlimitation, the Goods) available pursuant to the Public Body contracts from time to time.No right to illustrate or advertise the Product Information is granted to the Supplier bythe Public Body as a consequence of the license conferred by this Sub-Clause orotherwise under the terms of this Contract.

1.1.1.43.5 The Public Body may reproduce for its sole use the Product Informationprovided by the Supplier in the Public Body's catalogue from time to time which shallbe made available on the Federal Government of Ethiopia internal communicationsnetwork in electronic format or made available on the Public Body's external website orany other electronic media of the Public Body from time to time.

1.1.1.43.6 Before any publication of the Product Information (electronic or otherwise) ismade by the Public Body, the Public Body will submit a copy of the relevant sections ofthe Public Body's catalogue to the Supplier for approval, such approval not to beunreasonably withheld or delayed. For the avoidance of doubt the Supplier shall have noright to compel the Public Body to exhibit the Product Information in any servicecatalogue as a result of the approval given by it pursuant to this Sub-Clause or otherwiseunder the terms of this Contract.

1.1.1.43.7 Subject to Clauses 40 and 43.8, the Supplier agrees to indemnify and keepindemnified the Public Body against any liability, loss, costs, expenses, claims orproceedings whatsoever arising out of or in connection with any statement relating tothe goods and services (including, without limitation, the Goods) or information ormaterial on or description of the goods and services (including, without limitation, the



Goods) provided by or on behalf of the Supplier which is included in the Public Body'scatalogue or any associated material produced by the Public Body for the purpose ofillustrating the range of goods and services (including, without limitation, the Goods)available pursuant to the Public Body contracts from time to time.

1.1.1.43.8 The Supplier shall not be required to indemnify or keep indemnified the PublicBody against any liability, loss, costs, expenses, claims or proceedings whatsoeverarising under Sub-Clause 43.7 as a result of the Public Body's willful or negligentmisrepresentation of any statement relating to the goods and services (including, withoutlimitation, the Goods) or information or material on or description of the goods andservices (including, without limitation, the Services) provided by or on behalf of theSupplier which is included in the Public Body's catalogue from time to time or anyassociated material produced by the Public Body for the purpose of illustrating the rangeof goods and services (including, without limitation, the Goods) available pursuant tothe Public Body contracts from time to time.

1.1.1.44 Accounting, Inspection and Auditing

1.1.1.44.1 The Supplier shall keep accurate and systematic accounts and records in respectof the Goods and Related Services hereunder, in accordance with internationallyaccepted accounting principles and in such form and detail as will clearly identify allrelevant time charges and costs.

1.1.1.44.2 For the purpose of the examination and certification of the Public Body'saccounts; or any examination of the economy, efficiency and effectiveness with whichthe Public Body has used its resources, the Federal Auditor General and the PublicProcurement and Property Administration Agency or its auditors may examine suchdocuments as he may reasonably require which are owned, held or otherwise within thecontrol of the Supplier and may require the Supplier to produce such oral or writtenexplanation as he considers necessary. The Supplier acknowledges that it will fullycooperate with any counter fraud policy or investigation carried out by authorized bodyat any time.

1.1.1.45 Data Protection

1.1.1.45.1 The Supplier shall comply with all applicable data protection legislation. Inparticular the Supplier agrees:

1.1.1.45.1.1 To maintain appropriate technical and organizational security measures;

1.1.1.45.1.2 To only process Personal Data for and on behalf of the Public Body, inaccordance with the instructions of the Public Body and for the purpose of performingits obligations under the Contract;

1.1.1.45.1.3 To allow the Public Body to audit the Supplier's compliance with therequirements of this Clause on reasonable notice and/or to provide the Public Body withevidence of its compliance with the obligations set out in this Clause.

1.1.1.45.2 The Supplier agrees to indemnify and keep indemnified the Public Body againstall claims and proceedings and all liability, loss, costs and expenses incurred inconnection therewith by the Public Body as a result of any claim made or brought byany individual or other legal person in respect of any loss, damage or distress caused to



that individual or other legal person as a result of the Supplier's unauthorizedprocessing, unlawful processing, destruction of and/or damage to any Personal Dataprocessed by the Supplier, its employees or agents in the Supplier's performance of theContract or as otherwise agreed between the Parties.

1.1.1.46 Review

1.1.1.46.1 The Supplier shall attend formal review meetings (each such meeting being a"Review"), as required by the Authorized Officer, to discuss the Public Body's levels ofsatisfaction in respect of the Goods and Related Services supplied under the Contractand to agree any necessary action to address areas of dissatisfaction. The Supplier willnot obstruct or withhold its agreement to any such necessary action. Such Reviews shallbe attended by duly authorized and sufficiently senior employees of both the PublicBody and the Supplier together with any other relevant attendees. The Parties shallagree a standing agenda for such Reviews.

1.1.1.47 Performance Security

1.1.1.47.1 The Supplier shall, within fifteen (15) days from signing the contract, provide aPerformance Security for the due performance of the Contract in the amount specified inthe SCC.

1.1.1.47.2 The proceeds of the Performance Security shall be payable to the Public Bodyas compensation for any loss resulting from the Supplier’s failure to complete itsobligations under the Contract.

1.1.1.47.3 The Performance Security shall be denominated in currency specified in theSCC, and shall be in the form of cash, cheque certified by a reputable bank, letter ofcredit, or Bank Guarantee in the format specified in the SCC.

1.1.1.47.4 The Performance Security shall be discharged by the Public Body and returnedto the Supplier not later than twenty-eight (28) days following the date of completion ofthe Supplier’s performance obligations under the Contract, including any warrantyobligations, unless specified otherwise in the SCC.

1.1.1.47.5 Notwithstanding the provision of Sub-Clause 47.2 above, the PerformanceSecurity may be returned to the Supplier where the Procurement Endorsing Committeeascertains that the noncompliance of the Supplier does not affect the interest of, or entailadditional cost on the Public Body and is not due to the fault of the Supplier.

1.1.1.47.6 The Public Body shall be required to submit any document in its possession inrelation to a procurement in which it authorizes the return of the Performance Securityto the Supplier and account for its action under the preceding Sub-Clause 47.5 of thisGCC to the Public Procurement and Property Administration Agency or othercompetent body if and when required to do so.

F. Performance of the Contract

1.1.1.48 Scope of Supply

1.1.1.48.1 Subject to the SCC, the Goods and Related Services to be supplied shall be as



specified in the Section 6, Statement of Requirements.

1.1.1.48.2 Unless otherwise stipulated in the Contract, the Supply shall include all suchitems not specifically mentioned in the Contract but that can be reasonably inferredfrom the Contract as being required for attaining Delivery and Completion of the Goodsand Related Services as if such items were expressly mentioned in the Contract.

1.1.1.49 Specifications and Standards

1.1.1.49.1 Technical Specifications and Drawings

1.1.1.49.1.1 The Supplier shall ensure that the Goods and Related Services comply withtechnical specifications and other provisions of the Contract.

1.1.1.49.1.2 The Supplier shall be entitled to disclaim responsibility for any design, data,drawing, specification or other document, or any modification thereof provided ordesigned by or on behalf of the Public Body, by giving a notice of such disclaimer to thePublic Body.

1.1.1.49.1.3 The Goods and Related Services supplied under this Contract shall conform tothe standards mentioned in the Statement of Requirements and, when no applicablestandard is mentioned, the standard shall be equivalent or superior to the officialstandards whose application is appropriate to the goods’ country of origin.

1.1.1.49.2 Wherever references are made in the Contract to codes and standards inaccordance with which it shall be executed, the edition or the revised version of suchcodes and standards shall be those specified in the Statement of Requirements. DuringContract execution, any changes in any such codes and standards shall be applied onlyafter approval by the Public Body and shall be treated in accordance with GCC Clause14.

1.1.1.50 Delivery

1.1.1.50.1 The Supplier shall deliver the Goods to the Location and in accordance with anydelivery instructions in the SCC, Purchase Order or as agreed by the Parties in writing.

1.1.1.50.2 Delivery shall be completed when the Goods have been unloaded at theLocation and such delivery has been accepted by a duly authorized agent, employee orLocation representative of the Public Body. The Public Body shall procure that suchduly authorized agent, employee or Location representative of the Public Body is at thedelivery location in order to accept such delivery.

1.1.1.50.3 In the event that the Public Body require next day or short notice deliverieswhich are not provided for in the SCC Clause 50.1, the Supplier may pass on anyadditional costs relating to the delivery of the Goods to the Public Body placing thePurchase Order.

1.1.1.50.4 Early or partial deliveries require the explicit written consent of the PublicBody, which consent shall not be unreasonably withheld.

1.1.1.50.5 Unless otherwise stated in SCC, the Supplier is responsible for obtaining allexport and import licenses for the Goods and shall be responsible for any delays due tosuch licenses not being available when required.



1.1.1.50.6 In the case of any Goods supplied from outside the Federal DemocraticRepublic of Ethiopia, the Supplier shall ensure that accurate information is provided tothe Public Body as to the country of origin of the Goods and shall be liable to the PublicBody for any additional duties or taxes for which the Public Body may be accountableshould the country of origin prove to be different from that advised by the Supplier.

1.1.1.50.7 Where the Public Body agrees in writing to accept delivery by installments theContract will be construed as a single contract in respect of each installment. Failure bythe Supplier to deliver any one installment may allow the Public Body at its option totreat the whole Contract as repudiated depending upon the circumstances of the non-delivery, such option not to be unreasonably invoked.

1.1.1.50.8 Any arrangement to deliver the Goods where carriage is to be chargedseparately or any arrangement by which the Goods are collected by the Public Body inreturn for a discount on the Contract Price shall be recorded in writing and signed by aduly authorized signatory on behalf of the Public Body. Where due to an emergencysuch arrangements cannot be committed to writing and signed off as aforesaid theParties shall confirm such arrangements in writing as soon as possible thereafter.

1.1.1.50.9 The details of shipping and other documents to be furnished by the Supplier arespecified in the SCC.

1.1.1.51 Packing, Marking, and Documents

1.1.1.51.1 The Supplier shall provide such packing of the goods as is required to preventtheir damage or deterioration during shipment to their final destination, as indicated inthe Contract. During shipment, the packing shall be sufficient to withstand, withoutlimitation, rough handling and exposure to extreme temperatures, salt and precipitation,and open storage. Packing case size and weights shall take into consideration, whereappropriate, the remoteness of the goods’ final destination and the absence of heavyhandling facilities at all points in transit.

1.1.1.51.2 Unless otherwise specified in SCC, the following details shall be shown on theoutside of every package:

1.1.1.51.2.1 A description of the Goods which shall include, without limitation, the weightof the Goods where available and the Public Body's Purchase Order number;

1.1.1.51.2.2 The quantity in the package where available;

1.1.1.51.2.3 Any special directions for storage;

1.1.1.51.2.4 The expiry date of the contents where available;

1.1.1.51.2.5 The batch number; and

1.1.1.51.2.6 The name of the manufacturer of the Goods and the Supplier.

1.1.1.52 Identification of Goods

1.1.1.52.1 All Goods that customarily bear any mark, tab, brand, label or other deviceindicating place of origin, inspection by any government or other body or standard ofquality must be delivered with all the said marks, tabs, brands, labels, serial numbers orother devices intact.



1.1.1.53 Containers and Pallets

1.1.1.53.1 The Supplier shall collect without charge any returnable containers (includingpallets) within 21 days of the date of the relevant delivery note unless otherwiseinstructed by the Public Body. Empty containers not so removed may be returned by thePublic Body at the Supplier’s expense or otherwise disposed of at the Public Body'sdiscretion. The Supplier shall credit in full any charged containers upon collection orreturn.

1.1.1.54 Property and Risk

1.1.1.54.1 Notwithstanding delivery, ownership of the Goods shall not have passed fromthe Supplier until the full Contract Price of such Goods has been paid.

1.1.1.54.2 All tools, equipment and materials of the Supplier required in the performanceof the Supplier's obligations under the Contract shall be and remain at the sole risk ofthe Supplier whether or not they are situated at the Location.

1.1.1.55 Tools etc.

1.1.1.55.1 Any tools, patterns, materials, drawings, specifications and/or other dataprovided by the Public Body to the Supplier in connection with the Purchase Order willat all times be at the Supplier's risk and remain the property of the Public Body and shallbe delivered up to the Public Body immediately on request and are to be used by theSupplier solely for the purpose of completing the Purchase Order.

1.1.1.55.2 Any tools which the Supplier may construct or acquire specifically inconnection with the Goods will remain the property of the Supplier unless it is agreed inwriting that the property of the tools will be transferred to the Public Body uponpayment by the Public Body of a charge.

1.1.1.56 Quality

1.1.1.56.1 The Goods shall be new, and shall be supplied strictly in accordance with theSpecification and/or any sample previously provided to the Public Body and, unlessotherwise agreed in writing, shall conform to all relevant standards, specifications andconditions and all work performed by the Supplier shall be in accordance with bestpractice. For the avoidance of doubt, the Supplier warrants that the Goods a re not scrapgoods.

1.1.1.56.2 The Supplier warrants its expertise and confirms the accuracy of all statementsand representations made in respect of the Goods prior to and subsequent to, thePurchase Order.

1.1.1.56.3 The Supplier agrees to assign to the Public Body upon request the benefit of anywarranty, guarantee or similar right which it has against any third party manufacturer orsupplier of the Goods or any part thereof.



1.1.1.57 Inspections and Tests

1.1.1.57.1 The Supplier shall carry out at its own expense and at no cost to the PublicBody all such tests and/or inspections of the Goods and Related Services as arespecified in the Statement of Requirements.

1.1.1.57.2 The inspections and tests may be conducted on the premises of the Supplier orits Subcontractor, at point of delivery, and/or at the Goods’ final destination, or inanother place in the Federal Democratic Republic of Ethiopia as specified in the SCC.Subject to GCC Sub-Clause 57.3, if conducted on the premises of the Supplier or itsSubcontractor, all reasonable facilities and assistance, including access to drawings andproduction data, shall be furnished to the inspectors at no charge to the Public Body.

1.1.1.57.3 The Public Body or its designated representative shall be entitled to attend thetests and/or inspections referred to in GCC Sub-Clause 57.2, provided that the PublicBody bear all of its own costs and expenses incurred in connection with such attendanceincluding, but not limited to, all travelling and board and lodging expenses.

1.1.1.57.4 Whenever the Supplier is ready to carry out any such test and inspection, it shallgive a reasonable advance notice, including the place and time, to the Public Body. TheSupplier shall obtain from any relevant third party or manufacturer any necessarypermission or consent to enable the Public Body or its designated representative toattend the test and/or inspection.

1.1.1.57.5 The Public Body may require the Supplier to carry out any test and/orinspection not required by the Contract but deemed necessary to verify that thecharacteristics and performance of the Goods comply with the technical specificationscodes and standards under the Contract, provided that the Supplier’s reasonable costsand expenses incurred in the carrying out of such test and/or inspection shall be added tothe Contract Price. Further, if such test and/or inspection impede the progress ofmanufacturing and/or the Supplier’s performance of its other obligations under theContract, due allowance will be made in respect of the Delivery Dates and CompletionDates and the other obligations so affected.

1.1.1.57.6 The Supplier shall provide the Public Body with a report of the results of anysuch test and/or inspection.

1.1.1.57.7 The Public Body may reject any Goods or any part thereof that fail to pass anytest and/or inspection or do not conform to the specifications. The Supplier shall eitherrectify or replace such rejected Goods or parts thereof or make alterations necessary tomeet the specifications at no cost to the Public Body, and shall repeat the test and/orinspection, at no cost to the Public Body, upon giving a notice pursuant to GCC Sub-Clause 57.4.

1.1.1.57.8 The Supplier agrees that neither the execution of a test and/or inspection of theGoods or any part thereof, nor the attendance by the Public Body or its representative,nor the issue of any report pursuant to GCC Sub-Clause 57.6, shall release the Supplierfrom any warranties or other obligations under the Contract.



1.1.1.58 Rejection of Goods

1.1.1.58.1 Without prejudice to the operation of Sub-Clause 58.4, the Goods shall beinspected by the Public Body or on behalf of it within a reasonable time after deliveryunder Clause 51 of the Contract and may be rejected if found to be defective or inferiorin quality to or differing in form or material from the Statement of Requirements of theContract, or if they do not comply with any term, whether expressed or implied, of theContract.

1.1.1.58.2 Without prejudice to the operation of Sub-Clause 58.4, the Public Body shallnotify the Supplier of:

1.1.1.58.2.1 The discovery of any defect within a reasonable time of its discovery and shallgive the Supplier all reasonable opportunities to investigate such defect; and

1.1.1.58.2.2 Any shortage or damage caused in transit and found on delivery within 14 daysof delivery or such time as agreed by the Parties.

1.1.1.58.3 The whole of any delivery may be rejected if a reasonable sample of the Goodstaken indiscriminately from that delivery is found not to conform in every materialrespect to the Statement of Requirements of the Contract.

1.1.1.58.4 The Public Body's right of rejection shall continue irrespective of whether thePublic Body has in law accepted the Goods. In particular, taking delivery, inspection,use or payment by the Public Body of the Goods or part of them shall not constituteacceptance, waiver or approval and shall be without prejudice to any right or remedythat the Public Body may have against the Supplier provided that the right of rejectionshall cease within a reasonable time from the date on which the Public Body discoversor might reasonably be expected to discover the latent defect or other relevant breach ofcontract.

1.1.1.58.5 Goods so rejected after delivery shall be removed by the Supplier at its ownexpense within fourteen days from the date of notification of rejection. If the Supplierfails to remove them within such period the Public Body may return the rejected Goodsat the Supplier’s risk and expense and charge the Supplier for the cost of storage fromthe date of rejection.

1.1.1.59 Extensions of Time

1.1.1.59.1 If at any time during performance of the Contract, the Supplier or itssubcontractors should encounter conditions impeding timely delivery of the Goods orcompletion of Related Services pursuant to GCC Clause 51, the Supplier shall promptlynotify the Public Body in writing of the delay, its likely duration, and its cause. As soonas practicable after receipt of the Supplier’s notice, the Public Body shall evaluate thesituation and may at its discretion extend the Supplier’s time for performance, in whichcase the extension shall be ratified by the parties by amendment of the Contract.

1.1.1.59.2 Except in case of Force Majeure, as provided under GCC Clause 17, a delay bythe Supplier in the performance of its Delivery and Completion obligations shall renderthe Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 25,unless an extension of time is agreed upon, pursuant to GCC Sub-Clause 59.1 without



application of liquidated damages.

1.1.1.60 Performance Measurement

1.1.1.60.1 The Public Body shall ascertain whether the Supplier's provision of the Goodsin question meets any performance criteria as specified in the Statement ofRequirements or, if the criteria are not so specified, meets the standards of aprofessional supplier of the Goods. On or before the fifteenth working day of eachcalendar month during the Contract Period and within 14 days after termination of theContract, the Public Body may:

1.1.1.60.1.1 Each Performance Notice issued by the Public Body shall include a proposedrebate of the Contract Price commensurate to the under-performance of the Supplier asrecorded in the Performance Notice;

1.1.1.60.1.2 If the Supplier disputes any matter referred to in any Performance Notice and/orthe proposed rebate of the Contract Price, the Supplier may raise this objection with thePublic Body and if this matter is not resolved within 7 days the matter shall be referredto the Dispute Resolution Procedure; and

1.1.1.60.1.3 If the Supplier has not risen any objection to the Performance Notice within 7days of receipt (or such other period as agreed between the Parties) then thatPerformance Notice shall be deemed to have been accepted by the Supplier and therebate on the Contract Price referred to therein shall become immediately effective.

1.1.1.60.2 The Public Body's rights under this Clause are without prejudice to any otherrights or remedies the Public Body may be entitled to.

1.1.1.60.3 If required by the Public Body, the Parties shall co-operate in sharinginformation and developing performance measurement criteria with the object ofimproving the Parties’ efficiency. Any such agreements shall be fully recorded inwriting by the Public Body.

Part 3: Contract Section 8: Special Conditions of Contract

SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Special Conditions of Contract Section VIII of IX Issued by:

Section 8. Special Conditions of Contract

Table of Clauses

A. General Provisions 1

B. The Contract 1

C. Obligations of the Public Body 3

D. Payment 3

E. Obligations of the Supplier 3

F. Performance of the Contract 4


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Special Conditions of Contract Page 1 of 4 Issued by:

The following Special Conditions of Contract (SCC) shall supplement the GeneralConditions of Contract (GCC). Whenever there is a conflict, the provisions hereinshall prevail over those in the GCC.

GCCClause

ReferenceSection 8. Special Conditions of Contract

A. General Provisions

Procurement Reference Number is: EFMHACA/FSD/ICB/002/2018/2011.

GCC 1.2(s)

The Public Body is: Food Medicine and Healthcare Administration and Control Authority ofEthiopia.

GCC 1.2(x)

The Supplier is:

GCC 6.3(a)

The meaning of the trade terms shall be as prescribed by: International Chamber of Commerce

GCC 6.3(b)

The version of Incoterms shall be: 2010

(Bidders be required to quote the FOB, C&F, CIF and CIP Price, in accordancewith the instruction of the bid document section 4(B) Price Schedule for Goodsand Related Services, the buyer for his convenient has the right to choose one ofthe above mentioned INCOTERMS for Price comparison purpose.)

B. The Contract

GCC 7.1(i)

In addition to documents listed in GCC Clause 7.1 the following documents shall form the Contract:

The Public Body’s authorized representative shall be:Authorized Representative: Mrs.Heran GerbaP.O. Box: 5681Street Address: Africa avenue,Bole road,near to shoa

shoping centerTown/City: Addis AbabaPost Code:Country: EthiopiaTelephone: +251-115524122/+251115522654Facsimile: +251-1115521392E-mail address [email protected]

The Supplier’s authorized representative shall be:Authorized Representative:P.O. Box:Street Address:Town/City:



GCCClause


Post Code:Country:Telephone:Facsimile:E-mail address

GCC 8.1 The governing law shall be Ethiopian law.GCC 10.1and 10.3

For notices, the Public Body’s address shall be:Public Body: Food Medicine and Healthcare Administration

and Control Authority of EthiopiaAttention: Mrs.Heran GerbaFloor/Room number: 5681P.O. Box: Africa avenue,Bole road,near to shoa shoping

centerStreet Address: Addis AbabaTown/City:Post Code: EthiopiaCountry: +251-115524122/+251115522654Telephone: 251-1115521392Facsimile: +251-1115521392E-mail address [email protected]

For notices, the Supplier’s address shall be:Supplier:Attention:Floor/Room number:P.O. Box:Street Address:Town/City:Post Code:Country: EthiopiaTelephone:Facsimile:E-mail address

GCC 15.1 In case of change of laws and regulation after the deadline for submission of the Bid Contract Price shall not becorrespondingly increased or decreased and/or the Delivery Date shall not be reasonably adjusted to the extentthat Supplier has thereby been affected in the performance of any of its obligations under the Contract.

GCC 16.1 For Goods supplied from outside the Federal Democratic Republic of Ethiopia The Supplier shall beresponsible for all taxes, custom duties, formalities, license fees except for the following:

GCC 16.2 For Goods supplied from within the Federal Democratic Republic of Ethiopia the Supplier shall be responsiblefor all taxes, formalities, license fees except for the following:

GCC 23.3 The period of validity of the Warranty for instruments ashall be: minimum two years.



GCCClause


GCC 23.5 The repair or replace period will be: one month after receipt of notice from the contracting authority.

C. Obligations of the Public Body

GCC 29.1 The Public Body shall, if so required by the Supplier, assist the Supplier in complying with the followingrequirements:

D. Payment

GCC 32.4 The Public Body shall pay the Contract Price to the Supplier: Up on completion of full deliverygoods and finishing installation, training, IQ/OQ if required as per the bid document and contract.

For payment by Irrevocable Letter of Credit ( L/C) , the Buyer shall open an irrevocable letter ofcredit in the name of the supplier and 100% for those goods which do not require installation/IQ/OQof the price amount shall be paid against the presentation of the required documents such that, thesupplier shall submit to the bank as soon as available, and in any case, not later than 15 days prior tothe arrival of the equipment at Border, the following documents:- Requirement for furtherconfirmation by the supplier's Bank abroad will not be accepted and hence should not be included asa condition in the bid..The letter of credit shall be established in accordance With the requirements in your bid. Except inproven cases of force majeure as defined in the Ethiopian law, the BUYER shall charge the supplierfor the actual expense by the bank for the amendment and/or discrepancies and/or validity Extensionof the letter of credit.

The counting of the delivery time of the equipment to the port of Border shall commence from theday of the opening leter of credit. The supplier and/or his agent shall pay all charges, includingdemurrage which may occur as a result of negligence in providing on time the necessary documents.

Payment for goods & Services Supplied from within the Purchaser’s country:Payment for goods & Services Supplied from within the purchaser’s country shall be made inEthiopian Birr, as follows:I. On delivery: hundred (100) Percent of the contract price shall be paid on receipt and acceptance ofgoods.

GCC 32.5 For Goods supplied locally all payment to the Supplier under this Contract shall be made in ETB.

For Goods supplied from outside the Federal Democratic Republic of Ethiopia all payment to the Supplierunder this Contract shall be made in freely convertible currency

E. Obligations of the Supplier



GCCClause


GCC 40.1(b)

The amount of aggregate liability shall be: the total contract price.

GCC 42.1 The insurance coverage shall be in accordance with the following Incoterms: according to the award deliveryterm/incoterm

GCC 47.1 The amount of the Performance Security shall be: 10% of the contract price.

GCC 47.3 The types of acceptable Performance Securities are:Performance Guarantee Within 15 days from receipt of notification that his bid has been accepted, thesuccessful bidder shall furnish a guarantee for satisfactory performance of contract equal to 10% ofthe total contract price Payable to the BUYER. The performance guarantee shall be denominated inthe currency of the contract or in a freely convertible currency acceptable to the buyer and shall be inthe form of bond, certified check or bond issued by a recognized bank located in the Purchaser’scountry. INSURANCE BONDS SHALL NOT BE ACCEPTED. The successful bidder shall bereleased from the performance guarantee upon final satisfactory completion of the contract, includingthe period of Warranty of all items in the contract.The currency shall be: the contract currency.

GCC 47.4 Discharge of the Performance Security shall take place: After completion of the contract based ondelivered to the public body benefiting from the goods.

F. Performance of the Contract

GCC 48.1 The Scope of Supply shall be defined in: section 6 statement of requirement

GCC 50.1 The Supplier shall deliver the Goods in the premises of the Buyer or port of loading (FCA/FOB)based on the award and contract agreement.

GCC 50.5 The Supplier shall be responsible for obtaining all export and import licenses for the Goods.

GCC 50.9 Shipment of all item shall be by Ethiopian Air lines(EAL).If Ethiopian Air lines does not call at theport of embarkation, Shipment shall be made by other international flag carrier up to the nearest portwhere EAL is available and then transshipped by EAL. Exception to this may only be made uponpresentation of a letter of exemption (waiver) from EAL.The shipping and other documents to be furnished by the Supplier are:

Three full set of Clean on Board Bill of Lading/Air Waybill. Three original and 3 copies of supplier's detailed invoice. Three original and 3 copies of packing list Three original and 3 copies of supplier's inspection certificate Three original and 3 copies of Certificate of origin.

At least 3 of the invoices accompanying shipment of goods must be certified by the Chamber ofCommerce of the originating country



GCCClause


GCC 51.2 The following details must be shown on the outside of every package:To:Name of the buyer

It’s respective addres.FROM: SUPPLIER'S NAME AND ADDRESSAlthough the BUYER shall be the consignee for all goods , the supplier or his agent shalljointly and severally be completely Responsible for all items from point of origin to final

destination and unit items are delivered to and accepted by the BUYERPackging:- should be easily identified and coded by colour

GCC 57.2 Inspections and tests will be conducted at:The supplier shall furnish for each item of equipment a manufacturer’s inspectioncertificate, certifying that the item supplied complies with the specifications of the biddocuments for the corresponding equipment of item supplied.

EFMHACA reserves the right to inspect all items prior to shipment from themanufacturer's plant. The supplier shall give notice to the EFMHACA by cable or fax thatthe items are for shipment at least 15 days prior to the intended date of shipment.

The inspection notice shall in no way delay the shipmentOf the item concerned unless otherwise required by the buyer eturn cable or fax.Final inspection of equipment shall be made by the BUYER and the supplier's

representative at the final destination. The final destination for inspection shall be the CIP therespective EFMHACA premises ware house at Addis Ababa, Ethiopia.

The supplier or his agent shall advice the EFMHACA at least 10 days in advance of the timethe items are ready for final inspection.Final inspec tion and acceptance or rejection shall be made as promptly as practical, but

failure to inspect material shall not impose liability on the Buyer. The supplier shall be liable for suchmaterial not in accordance with the specifications regardless of the time when the defect isdiscovered.Notification of shipment by cable or fax shall be made to the buyer at the time ofshipment and copies of Bill of Lading and invoices shall be posted by air not arrive in not less that15 days in advance of the arrival of the shipment at the port of disembarkation.For final acceptance ,all equipment shall, after proper assembly and testing be delivered to the buyer in full Operatingconditions as determined by the EFMHACA or Buyer. Equipment delivered but not meeting thespecifications, shall not be accepted until the specifications are complied with fully. Any costincurred by the buyer for subsequent inspections, storage or assistance to the vendor forsettlement.

If any equipment, components and/or parts are delivered indamaged condition or are short shipped, the supplier and/orhis agent at his own expenses shall provide replacement inaccordance with the following conditions:-

a/ Replacements for any complete bid item ( equipment)shall be delivered within 30 ( thirty ) days of the



GCCClause


sending of notice of non- conformance by theEFMHACA right to impose the penalty.

Delivery time shall be considered to have been complied with whenthe following two stages are met by the supplier or his agent:-

a/ The first stage shall be when the items (equipment) arrive at thePort of Border within the time specified in the offer.

b/ The second stage shall be when the items (equipment) areDelivered to the buyer's in acceptable condition within the time specified in the offer.

Delivery time, if stated as a number of days, shall not include Saturday, Sundays and holidays. Thatis Calendar Days.

Part 3: Contract Section 9: Contract Forms

SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Contract Forms Section IX of IX Issued by:

Section 9. Contract FormsTable of Contents

A. Contract Agreement 11. The Agreement 12. Term of Contract Agreement 2

B. Performance Security 3

C. Advance Payment Security 4


SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)Document: Contract Forms Page 1 of 4 Issued by:

A. Contract Agreement

For the Procurement of Different Laboratory Goods

Procurement Reference No: EFMHACA/FSD/ICB/002/2018/2011

This Contract Agreement is made on the day of the month of , BETWEEN

of the Federal Democratic Republic of Ethiopia, and having its principal place of business(hereinafter called the “Public Body”),Anda corporation incorporated under the laws of and having its principal place of business at

(hereinafter called the “Supplier”), of the other part

WHEREAS

1.1.1.60.3.1 The Public Body invited bids for certain Goods and Related Services (hereinaftercalled the “Goods”), and has accepted a Bid by the Supplier for the supply of those Goods andServices in the sum of (hereinafter called “the Contract Price”) in the manner and on the termsdescribed herein

1.1.1.60.3.2 The Supplier having represented to the Public Body that it has the required skills,personnel and technical resources, has agreed to provide the Goods on the terms and conditionsset forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The Agreement

1.1.1.60.4 In this Agreement words and expressions shall have the same meanings asare respectively assigned to them in the Conditions of Contract referred to.

1.1.1.60.5 The following documents shall constitute the Contract between the PublicBody and the Supplier, and each shall be read and construed as an integral part of theContract:

1. This Contract Agreement;2. The Special Conditions of Contract;3. The General Conditions of Contract;4. The Bid Submission Sheet with Annexes;5. Price Schedule;6. List of accepted items including their unit price;7. Bidder Certification of Compliance with Annexes;8. Technical Specification + Technical Offer + Compliance Sheet with Annexes;9.

1.1.1.60.6 This Contract shall prevail over all other Contract documents. In the event ofany discrepancy or inconsistency within the Contract documents, then the documents



shall prevail in the order listed above.

1.1.1.60.7 In consideration of the payments to be made by the Public Body to theSupplier as hereinafter mentioned, the Supplier hereby covenants with the PublicBody to provide the Goods and Services and to remedy defects therein in conformityin all respects with the provisions of the Contract.

1.1.1.60.8 The Public Body hereby covenants to pay the Supplier in consideration ofthe provision of the Goods and Services and the remedying of defects therein, theContract Price or such other sum as may become payable under the provisions of theContract at the times and in the manner prescribed by the Contract.

1.1.1.61 Term of Contract Agreement

1.1.1.61.1 The Contract shall enter into force on the date on which it is signed by thelast contracting party.

1.1.1.61.2 Under no circumstances may implementation commence before the date onwhich the Contract Agreement enters into force.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed intheir respective names as of the day and year first above written.

SIGNED for and on behalf of supplier WITNESS to signature on behalf of supplier

Signature: Signature:

Name: Name:

Position: Position:

Date: Date:

SIGNED for and on behalf of purchaser WITNESS to signature on behalf of purchaser

Signature: Signature:

Name: Name:

Position: Position:

Date: Date:



B. Performance Security(Bank Guarantee)

Date:Procurement Reference No:

To:

WHEREAS (hereinafter “the Supplier”) has undertaken, pursuant to Contract No. dated , tosupply (hereinafter “the Contract”).

AND WHEREAS it has been stipulated by you in the aforementioned Contract that the Suppliershall furnish you with a security issued by a reputable guarantor for the sum specified therein assecurity for compliance with the Supplier’s performance obligations in accordance with theContract.

AND WHEREAS the undersigned, legally domiciled in [insert complete address of Guarantor],(hereinafter the” Guarantor”), have agreed to give the Supplier a security:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of theSupplier, up to a total of and we undertake to pay you, upon your first written demand declaringthe Supplier to be in default under the Contract, without cavil or argument, any sum or sumswithin the limits of as aforesaid, without your needing to prove or to show grounds or reasons foryour demand or the sum specified therein.

This security is valid until the day of , .

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No 458.


Signed:

Duly authorized to sign the Security for and on behalf of:Dated on [insert day] day of ], 20



C. Advance Payment Security(Bank Guarantee)

Date:Procurement Reference No:

To:

In accordance with the payment provision included in the Contract, in relation to advancepayments, (hereinafter called “the Supplier”) shall deposit with the Public Body a securityconsisting of , to guarantee its proper and faithful performance of the obligations imposed by saidClause of the Contract, in the amount of .

We, the undersigned , legally domiciled in (hereinafter “the Guarantor”), as instructed by theSupplier, agree unconditionally and irrevocably to guarantee as primary obligor and not as suretymerely, the payment to the Public Body on its first demand without whatsoever right of objectionon our part and without its first claim to the Supplier, in the amount not exceeding .

This security shall remain valid and in full effect from the date of the advance payment receivedby the Supplier under the Contract until, [insert year].


Signed:

Duly authorized to sign the Security for and on behalf of:

Dated on [insert day] day of], 20



Invitation for International Competitive BidBid No.: EFMHACA/FSD/ICB/002/2018/2011

The Food Medicine and Healthcare Administration and Control Authority ofEthiopia (EFMHACA) has recurrent budget and grant funds for the procurement ofdifferent Laboratory goods and related goods.

1. Bidding will be conducted in accordance with the open International tenderingprocedures contained in the Public Procurement and Property administrationProclamation of the Government of the Federal Democratic Republic of Ethiopiaand is open to all bidders from eligible source countries.

2. Interested eligible bidders may obtain further information from EFMHACA andinspect the bidding document at the address given below at 7(a) from 8:30 am to5:30 pm until bid closing date.

3. A complete set of bidding documents in English may be obtained by paying nonrefundable birr of 100(one hundred birr).

4. Bid must be delivered to the Address below at 7(b) on or before 45th day of 201810:00 am.

5. All bids must be accompanied by a bid security of amount 1.5 % of their total offerin the form of CPO or unconditional Bank guarantee,check or in cash fromdomestic Commercial Banks in the name of Food, Medicine and HealthcareAdministration and Control Authority of Ethiopia.

6. Bids will be opened in the presence of the bidders or their representatives whochoose to attend the event at the address below at 7(b) at 10: 30 am on the 45th day, 2018.

7. (a) Documents will be issued at Food, Medicine and HealthcareAdministration and Control Authority of Ethiopia, first floor, room No. 31Telephone +251118697499

(b) Bids must be delivered to, and will be opened Food, Medicine and HealthcareAdministration and Control Authority of Ethiopia, 3rd floor.

8. Food, Medicine and Healthcare Administration and Control Authority ofEthiopia reserves the right to reject any or all bids and any items on thebid.

Food, Medicine and Healthcare Administration and Control Authority of EthiopiaBole Road, Africa Avenue

Tel. +251115524122Addis Ababa, Ethiopia



Anti Bribery Pledge Forms

Food Medicine and Healthcare Administration and Contro Auothorioty of Ethiopia(EFMHACA)Addis AbabaDear,Having examined the under mentioned “corrupt and Fraudulent Practice” We have

agreed to sign this anti Bribery pledge form and confirm and assure to purchaser that will

not at any time engage ourselves into these evil practices.

In pursuance of this policy the purchaser defines:-

a) I. “Corrupt Practice” means one offering, giving, receiving or soliciting of

anything of value to influence the action of a public official in the

procurement process or in contract execution; and

II. “Fraudulent practice” means a misrepresentation of facts in order to influence

a procurement process or the execution of a contract to the detriment of the

purchaser and includes collusive practice among bidders (Prior to or after bid

submission designed to establish bid prices at artificial non-competitive levels

and to deprive the purchaser of the benefits of free and open competition.

b) Will reject a proposal for award if it determines that the Bidders recommended for

award has engaged in corrupt of fraudulent practices in competing for the contract

in question;

c) Will declare a firm ineligible, either indefinitely or a stated period of time, to be

awarded a contract if it at any time determines that the firm has engaged in

corrupt of fraudulent practices in competing for, or in executing a contract.

In addition to this, we understand that the purchaser has the right to reject firms

which are found to be corrupted fraudulent.

Date: ________________

_______________ __________________ __________________

Name Signature and seal (In capacity of